(영문) 수원지방법원 2019.05.31 2018나73287

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(영문) 수원지방법원 2019.05.31 2018나73287

위약벌 등

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1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal lawsuit.

Reasons

1. The reasons for the court’s explanation concerning this case are as follows: (a) supplementary statement within the scope of the following (i) subsequent to “any obligation to pay” No. 9 of the judgment of the court of first instance; and (b) the Defendant’s new argument in the trial is identical to the reasoning of the judgment of the court of first instance, except for addition of the following “2. Additional Determination” portion, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure

[On the other hand, the plaintiff and the defendant, regardless of the monthly sales for one year, have to reduce the franchise fee to KRW 400,000 per month, and the average monthly sales amount to KRW 50,000 per month after the lapse of one year, have to be increased to KRW 60,00 per month.

Accordingly, the Plaintiff and the Defendant stated that “the franchise fee discount shall be KRW 400,000 per month for one year after the date of opening the business,” and that “the average monthly sales shall be KRW 50,000,000 per month during one year after the date of opening the business.” According to the main text of the contract (Article 7), under the following circumstances, the franchise fee of this case shall be KRW 3.3% (including VT), monthly sales amount shall be KRW 5,00,000 if the monthly sales amount is KRW 50,000,000,000,000 won; ② The term of the contract of this case shall be KRW 2 years after the date of the contract (Article 20), and the Plaintiff and the Defendant shall interpret the above special agreement to reduce the franchise fee for a certain period of less than KRW 50,000,000 as the average sales amount for less than KRW 50,000,000 (Article 20).

Therefore, the defendant's above assertion is without merit.

[Attachment]

2. Additional determination

A. The summary of the Defendant’s assertion is the delayed interest rate under the instant contract.

참조조문

-민사소송법 제420조

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