1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Facts of recognition;

A. The Plaintiff is a company that engages in fishery products wholesale and franchise business, and the Defendant is a person who operates a restaurant in the name of “C”.

B. In concluding a franchise agreement with the Defendant on April 3, 2018, the Plaintiff agreed to supply goods, such as fishery products necessary for the Defendant’s restaurant business, and the Defendant paid goods in advance in advance, and to pay KRW 300,000 per month in advance (excluding value-added tax) on the fifth day of each month.

C. According to the above franchise agreement, the Plaintiff supplied the Defendant with fishery products and other goods from April 16, 2018 to October 31, 2018. On October 31, 2018, the Plaintiff suspended the supply of fishery products after November 1, 2018, with the proceeds of attempted goods in KRW 4,510,500 as of October 31, 2018.

On December 7, 2018, the Plaintiff urged the Defendant to pay the price for the attempted goods and royalties, and notified the Defendant that he will suspend the supply of the goods.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 5 evidence, purport of the whole pleadings

2. The Plaintiff’s determination as to the cause of the claim sought against the Defendant the payment of KRW 4,510,500 for the attempted goods under the above franchise agreement and KRW 1,980,00 for the royalty from July 2018 to December 2018 (i.e., 330,000 won x six months x six months), total of KRW 6,490,500, and damages for delay. According to the above recognition, according to the above recognition, the Defendant asserts that the above failed goods and the royalty for December 2018 should be excluded from the Plaintiff. However, there is no evidence to acknowledge that the contract had been completely terminated until December 7, 2018.

As for the total amount of KRW 6,490,500 and its payment date, it is obligated to pay damages for delay calculated at the rate of 15% per annum from January 31, 2019 to the day of full payment, which is the day following the delivery date of the original copy of the instant payment order sought by the Plaintiff.