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1. The Defendant’s KRW 100,000,000 as well as the Plaintiff’s annual rate from May 31, 2014 to August 27, 2014.
Reasons
1. Facts of recognition;
A. On October 24, 2012, the Plaintiff, as a New Zealand State, entered into a franchise agreement with the Defendant, a franchisor, on the part of the franchise owner, on the part of the Defendant, regarding the skin business that the Defendant had operated as “C,” and the relevant details among them are as follows.
Article 3 (franchise Fees) A franchise store shall pay in cash a franchise fee of KRW 10,000,000 to the headquarters at the time of the conclusion of this Agreement. A franchise fee may not be refunded in any event.
Article 4 (Payment of Price) A franchise store shall pay to the Headquarters the royalty 300,000 won for the purpose of continuous store management expenses, which is 1 to 2 times a month of marketing and one month.
(hereinafter omitted)
B. Around the time of the above contract, the Plaintiff and the Defendant agreed to manage the franchise store under the above contract in the name of the Defendant, and the Defendant agreed to manage it. The Plaintiff paid KRW 81,336,815 in total to the Defendant, including that the Plaintiff paid KRW 5,00,000 to the Defendant on October 24, 2012 and November 20 of the same year, respectively, until February 26, 2013.
C. Meanwhile, on November 20, 2012, the Defendant: (a) leased from the Geum River Housing Co., Ltd. on November 20, 2012 to November 25, 2014, KRW 20,000 (contract deposit: KRW 2,00,000; KRW 18,000,000); (b) monthly rent of KRW 2,00,000; and (c) on November 26, 2012, from the Geum River Housing Co., Ltd., Ltd., the construction of “C” to the construction site of the building from the Han River Co., Ltd. from November 26, 201 to November 25, 2014; (d) the contract amount of KRW 58,40,00; (e) the intermediate payment of KRW 30,000; and (e) the remainder of KRW 30,306,301,205,205.
On December 15, 2012, the Defendant opened a business with a trade name called “E” or “C rolling stock” in its name.
E. On February 28, 2013, the Defendant drafted the following certificates of borrowing (Evidence A 1, 8).
The defendant on March 2013.