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1. The Defendant’s KRW 3,800,000 as well as the Plaintiff’s annual rate of 6% from October 24, 2014 to May 12, 2016.
Reasons
1. Facts of recognition;
A. On June 25, 2014, the Plaintiff entered into a franchise agreement (hereinafter “instant franchise agreement”) with the Defendant operating a franchise business with the trade name “B”, and the Plaintiff paid a part of the down payment KRW 1 million on June 1, 2014, and KRW 42 million on June 26, 2014 to the Defendant, respectively.
B. On June 23, 2014, the Defendant provided the Plaintiff with an information disclosure statement pursuant to Article 7(3) of the Fair Transactions in Franchise Business Act (hereinafter “Franchising Business Act”). On September 22, 2014, the Plaintiff served a written notice on the Defendant to cancel the instant franchise agreement on the grounds that the Plaintiff failed to perform its duty to provide the information disclosure statement in advance and failed to perform its duty to explain. The said written notice reached the Defendant around that time.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5 (including provisional number), and the purport of the whole pleadings
2. The assertion and judgment on the cancellation of a franchise agreement on the grounds of violation of the duty to provide an information disclosure statement in advance;
A. The plaintiff's assertion is that the defendant, as a franchisor, has an obligation to provide the plaintiff with the franchise disclosure statement 14 days prior to the execution of the franchise agreement, has breached its obligation to cancel the franchise agreement in this case. The defendant is obligated to refund the plaintiff the franchise fee of KRW 53 million to the plaintiff, and to pay the plaintiff KRW 2 million for the removal of the franchise fee of this case, KRW 4 million for the monthly rent of the franchise store of this case, KRW 4 million for the monthly rent of this case, and KRW 53,395,300 for the loss of estimated operating income of the franchise store of this case
B. (1) The purpose of determining is to contribute to the promotion of consumer welfare and the sound growth of the national economy by establishing a fair trading order for franchise business and by ensuring the complementary and balanced growth of franchisers and franchisees on an equal footing.