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1. As to KRW 31,00,000 and KRW 15,000 among them, the Defendant shall pay to the Plaintiff KRW 31,00,000 from April 21, 2018, and KRW 16,00,00.
Reasons
Facts of recognition
The following facts may be acknowledged, either in dispute between the parties or in full view of the entries in Gap evidence 1, Eul evidence 1 and the purport of all pleadings.
Upon entering into a franchise agreement on September 28, 2017, the Plaintiff and the Defendant agreed to establish a franchise store by investing the Plaintiff in the establishment of chain stores and franchise business operated by the Defendant, and the Defendant agreed to receive KRW 19,000,000 from the Plaintiff for membership fees, etc., and KRW 89,100,000 for the interior and supplementary facilities expenses, and to receive KRW 89,10,000 for the franchise store to be established by the Plaintiff and to entrust the management of the franchise store.
B. Accordingly, the Plaintiff paid KRW 31,000,000 to the Defendant out of the expenses for franchise and interior works.
C. However, the above agreement was reversed, and the Plaintiff filed an application for mediation with the Korea Fair Trade Mediation Council for Franchise Business Transactions in Franchise Business Act.
In the instant application for conciliation, the Defendant: (a) returned KRW 31,00,000 to the Plaintiff on March 31, 2018; and (b) agreed to pay KRW 15,00,000 among them by dividing the remainder of KRW 16,00,000 by May 20, 2018.
(2) The Defendant is obligated to pay to the Plaintiff damages for delay calculated at the annual rate of 15% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day of the due date for payment with respect to KRW 31,00,000 and KRW 15,00,000, whichever is the next day of the due date for the payment of KRW 31,000 and KRW 16,000 from May 21, 2018, which is the next day of the due date for the payment of KRW 16,00,000, in accordance with the instant return agreement.
The Plaintiff claimed damages for delay from April 21, 2018 for the full amount of KRW 31,00,000,000, but the Defendant did not pay KRW 15,000,000 until April 20, 2018 under the instant return agreement.