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1. Of the judgment of the court of first instance, the part of the claim by the Plaintiff Company A is modified as follows.
Plaintiff
Co., Ltd.
Reasons
1. Basic facts
A. On January 4, 2012, the Plaintiff Company entered into each of the instant franchise agreements, and Defendant C entered into each of the instant franchise agreements (hereinafter “each of the instant franchise agreements”) with respect to G points within the F located in the Busan So-gu, Busan, with respect to the G points, and with respect to the I points within the F located in H and the K located in the Daegu, Seo-gu, Daegu, in November 4, 2011, and with respect to the G points within the F located in the KJ located in the Nam-si, Daegu, and on February 19, 2013, each of the franchise agreements (hereinafter “each of the instant franchise agreements”).
(A) (A was an enterprise operated by Plaintiff B as an individual entrepreneur, and the Plaintiff Company was established on June 25, 2013, and the Plaintiff Company transferred the status of the Plaintiff Company as a franchisor against the Defendants in B. In addition, each of the instant franchise agreements has been renewed in accordance with the same condition for one year, even though its contract term was one year from the date of conclusion, if it did not express any special intent during the period from 180 days before the expiration to 90 days.)
Defendant C paid the Plaintiff Company a periodical payment of KRW 660,00 (including value-added tax) on the 15th day of each month using the business marks, etc. on G stores (hereinafter “regular payment”). Defendant C did not pay the Plaintiff Company a periodical payment from April 2014.
C. On the 15th day of each month, the Deceased’s regular payments to the Plaintiff Company, 440,000 won (including value-added tax), and 660,000 won (including value-added tax) to the Plaintiff Company, respectively, were paid on the 15th day of each month, and the 660,000 won was not paid from March 2014.
Plaintiff
Defendant C related to B and Defendant C agreed to pay the Plaintiff KRW 80,000,000 out of the sales proceeds by consignment, including N et al., which the Plaintiff personally stored, with the remainder of the sales proceeds. Defendant C failed to pay KRW 40,000,000 out of the visual amount of KRW 80,000,000, and thus, Defendant C did not pay KRW 40,000,00 to Plaintiff B on April 9, 2013.