1. The Defendant’s KRW 64,900,000 and the Plaintiff’s KRW 20% per annum from September 11, 2015 to September 30, 2015.

Facts of recognition

The plaintiff is a company that collects and transports wastes, and the defendant operates the business of manufacturing and maintaining asbestos safety inspection equipment while operating franchise business for asbestos safety management business.

On June 1, 2015, the Plaintiff entered into a metropolitan agency contract (hereinafter “instant contract”) with the Defendant to operate a metropolitan agency with respect to the franchise business for the Defendant’s asbestos safety management business in the south-west area.

According to the above agency contract, ① the defendant

1.The Integrated Asbestos Safety Management System (ASIms);

2.Equipment for hazard assessment (ASCHEC),

3.Equipment for the Maintenance of Asbestos Materials (ASWHEL);

4. The right to use the patented method;

5. Supply of marketing and business support services (Article 2); ② The Plaintiff starts agency business by purchasing ASK Integration 3 SET as prescribed in Article 2 (Article 3(1)); ③ The Defendant shall pay the Plaintiff the cost of establishing agency (=Article 3(2)); ④ The Plaintiff shall supply soft and equipment under Article 2(1), 2(3) within one month after the Defendant completed deposit under Article 3(2); and ⑤ The Defendant shall pay the Plaintiff the total cost of establishing agency at KRW 50 million (a separate value-added tax) to the Defendant.

On June 1, 2015, the Plaintiff paid 64.9 million won (including value-added tax) to the Defendant for the above agency establishment cost.

However, even after one month from that, the Defendant did not supply an asbestos inspection equipment, etc., and the Plaintiff sent to the Defendant on July 2, 2015, a letter-proof mail that the said franchise was cancelled on the grounds of the Defendant’s delay of performance.

On July 13, 2015, the defendant's notification of cancellation on July 2, 2015 to the plaintiff, and ① the defendant's objection.