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1. From March 30, 2017 to January 10, 2018, the Plaintiff (Counterclaim Defendant) paid KRW 24,454,520 to the Defendant (Counterclaim Plaintiff) and its related amount.
Reasons
A principal lawsuit and a counterclaim shall also be deemed to have been filed.
Basic Facts
The plaintiff allows the defendant to engage in business activities using the trademark such as "Abelar", etc., and assist the defendant in education and training for such activities.
(Articles 2, 3, and 4). The Defendant shall pay to the Plaintiff the amount of KRW 10,000,000 for educational expenses prior to the opening point (AT separate), KRW 15,00,00 for contract deposit, and in return for the use of the Plaintiff’s business mark, royalties (VAT separate) equivalent to one percent of the value of supply per month shall be paid to the Plaintiff.
(9) The term of the contract shall be two years and shall be extended by one year upon renewal (Article 8). The defendant shall pay to the plaintiff the price for the goods supplied by the plaintiff from every Saturday to Saturday.
(Article 25). If the Defendant fails to pay the price, the Plaintiff may suspend the supply of the product and terminate the franchise agreement after requesting correction at least twice.
(Articles 26 and 28). On October 2, 2014, the Plaintiff (the trade name at that time was changed to the trade name as of April 6, 2015) and the Defendant agreed on the following arrangement when entering into a franchise agreement with the Defendant, “D” (hereinafter “instant task”).
(B) No. 2, the franchise agreement (hereinafter “instant contract”). The Defendant paid KRW 11,00,000 (including VT) for the pre-point educational expenses and KRW 15,000,000 for the contractual performance guarantee to the Plaintiff, and began business on December 17, 2014, following the construction of the facility.
The Plaintiff supplied goods, such as Class A, to the Defendant, and received the price and royalties therefrom, and terminated the instant contract on October 26, 2015 through the suspension of supply and peremptory notice for the Defendant’s payment.
[Ground of recognition] No dispute is raised, Eul evidence Nos. 1 and 2, Eul evidence Nos. 7-14, the purport of the whole pleadings, and the plaintiff's claim against the defendant, such as the price of goods, etc.