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1. The Defendant shall pay to the Plaintiff KRW 37,521,950 as well as KRW 36,796,119 as to the Plaintiff’s KRW 37,521,950. From March 31, 2015 to June 15, 2015.
Reasons
1. Determination on the cause of the claim
A. (1) Around July 201, the Plaintiff entered into a franchise insurance contract with the Defendant (hereinafter “instant guarantee insurance contract”) with the content that the Defendant guarantees the liability for damages to be borne by the ASEAN in accordance with the franchise agreement with the Korea Development Institute (hereinafter “Korea Development Institute”) from July 30, 2011 to August 8, 2016, with the insurance period from July 30, 2011.
(2) Around July 25, 2011, the Defendant entered into a franchise agreement with the Korea Development Association (hereinafter “instant franchise agreement”) and operated the opport range B (hereinafter “instant franchise store”).
(3) The Korea Development Bank terminated the instant franchise agreement on the grounds of the voluntary discontinuance of business of the instant franchise store, and the Defendant did not pay the settlement amount following the termination of the instant franchise agreement, and upon the guarantee issued pursuant to the instant guarantee insurance contract, the Plaintiff claimed insurance payment to the Plaintiff. On December 30, 2014, the Plaintiff paid KRW 36,796,119 to the Korea Development Bank of Korea.
(4) The details of the Plaintiff’s insurance proceeds of KRW 36,796,119 are the amount calculated by deducting the Defendant’s deposit amount of KRW 14,00,00 and KRW 70,922 from the sum of KRW 13,843,00, KRW 178,00, and KRW 15,105, and KRW 978, and the subsidy recovered by the Korea Development Institute, and the CCTV remaining amount of KRW 145,00,00, and KRW 19,985,063.
(5) Around January 8, 2014, the Defendant entered into an agreement on the termination of the instant franchise agreement with the Korea Development Bank of Korea (hereinafter “instant agreement”). The agreement sets out KRW 13,843,00 of the instant franchise agreement, the cost of removal, KRW 2,118,00, the amount of subsidies to be recovered by the Korea Development Bank of Korea, KRW 15,106,00, and the amount of subsidies to be recovered by the Korea Development Bank of Korea, out of the details of insurance proceeds paid by the Plaintiff, are the subsidy items to be recovered by the Korea Development Bank of Korea.