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1. The Defendant’s KRW 142,712,429 as well as 5% per annum from June 1, 2016 to August 17, 2016 to the Plaintiff.
Reasons
1. Facts of recognition;
A. The defendant is a legal entity established for the purpose of providing franchise services, consulting services, etc., and the plaintiff is a person who has entered into a franchise franchise agreement with the defendant as follows:
B. On March 15, 2016, the Plaintiff and the Defendant paid KRW 480 million to the Defendant for the cost of installing computers and software (excluding value-added tax) and concluded franchise franchise agreements with the content that the Defendant separately prepares a franchise agreement on the consignment management of the cream.
(hereinafter referred to as the “instant contract,” and the “scambling that the Plaintiff will operate according to the said contract,” C.
1) On or around March 2016, the Plaintiff is a C Co., Ltd. (hereinafter “C”) with a cost of KRW 290,000,000,000,000 for computer costs to be installed in the instant C C
(B) The Plaintiff obtained a loan from the Plaintiff, and according to the loan agreement, the Plaintiff is “D” (hereinafter “D”).
(B) If a person purchases a computer from C, C will provide a loan by paying 290 million won directly to D (hereinafter referred to as “the above loan agreement”). The loan agreement is “the instant loan agreement.”
(2) However, for the purpose of prompt computer installation, E, the representative (in-house director) of the Defendant prior to the payment of the above loan, and for prompt computer installation, the Plaintiff first paid the Defendant the franchise fee of KRW 480,000,000,000,000, including the amount of computer purchase to be paid to D, and the Defendant, with the money, installed a computer in the instant Pcaca, and agreed to return the loan paid to D from D to the Plaintiff.
3 Pursuant to the above agreement, the Plaintiff remitted each of the Defendant KRW 240 million on March 16, 2016, KRW 220 million on April 22, 2016, and KRW 40 million on May 11, 2016, respectively.
Around May 2016, a loan of KRW 290 million was paid to D pursuant to the instant loan agreement, and D remitted the remainder of KRW 274 million after deducting the difference between lease and transaction.
Since then, the plaintiff is the defendant.