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1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 41,300,000 and the interest thereon from February 3, 2015 to the date of complete payment.
Reasons
1. Facts of recognition;
A. The Defendant Company B (hereinafter “Defendant Company”) is a franchise agent of the B B B B-specialized store operated by the Defendant Company D (hereinafter “D”), and the Defendant Company C is the head of the Defendant Company’s headquarters.
B. On October 24, 2014, the Plaintiff entered into a franchise agreement (hereinafter “instant franchise agreement”) with Defendant C on November 27, 2014, stating that the total franchise fee of KRW 90,000,000 for the Defendant Company’s name, and KRW 20,000 for the contract date, intermediate payment of KRW 30,000,000 for the remainder of KRW 40,000 on November 10, 2014, and the remainder of KRW 40,000 for the remainder of KRW 40,000,000 for the purpose of conducting bble business within the FT of sericulturing E Buildings.
C. The Plaintiff deposited the down payment of KRW 20 million on the day of the said contract into the account in the name of G bank in the name of the Defendant’s wife as stated in the said contract, and the intermediate payment of KRW 30 million was deposited into the said account until November 17, 2014.
On December 11, 2014, the Defendant Company failed to observe the open date set forth in the above franchise agreement, and sent to the Plaintiff a notice stating the following (hereinafter “the first notice”).
Sales Support: (13) From November 1, 2014 to December 23, 2014, the support of KRW 100,300,000 per-day daily business loss amount to KRW 100,000,000 shall not be open until December 24, 2014, the issue of the defendant's claim for damages of the above receiver shall not be raised when there is a problem of the above receiver's logistics and food materials supply as a problem within two years after the completion of the contract to pay two times penalty from the down payment at the head office.
E. The Defendant Company did not implement the instant franchise agreement, and notified the Plaintiff of the cancellation of the said franchise agreement on December 2014, and demanded the Defendant Company to return the amount of money paid and penalty. On January 9, 2015, the Plaintiff sent a notice of the following (hereinafter “the first notice”) to the Plaintiff.
The franchise agreement of this case was carried out by Defendant C’s exclusive business process, and was damaged.