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1. The Defendant (Counterclaim Plaintiff) paid KRW 27,592,800 to the Plaintiff (Counterclaim Defendant) and its related amount from October 9, 2013 to September 24, 2015.
Reasons
1. Basic facts
A. The Plaintiff’s franchise (1) The Plaintiff’s franchise agreement is a franchisor with the main purpose of “GMA concept principle, international fisheries education center, franchise business, manufacture and sale of teaching materials, etc.,” and instead, by concluding a franchise agreement with an individual franchisee and granting the education center a right to operate an educational center based on know-how, such as the Plaintiff’s trade name, learning contents, teaching techniques, learning systems, and marketing methods, a franchise business is operated by the method of receiving franchise fees, fees, etc. from the education center. The definitions of terms used in this Act are as follows.
1. The term "franchise business" means a continuous business relationship in which a franchiser allows its franchisees to use its own trade marks, service marks, trade names, signs, or any other business marks (hereinafter referred to as "business marks"; hereinafter the same shall apply) in selling goods (including raw materials and auxiliary materials) or services in conformity with certain quality standards or business methods, and supports, educates, and controls its franchisees in regards to their management, business activities, etc., and in which franchisees pay franchise fees to their franchiser in return for the use of business marks and the support and training provided for their management, business activities, etc.
2. The term "franchiser" means a business entity that grants franchisees a license to run a franchise store;
3. The term "franchise" means a business entity that holds a license granted by a franchiser to run a franchise store in relation to a franchise business;
9. The term "franchise agreement" means a document that describes matters concerning the rights and obligations of a franchiser or a franchisee (including special terms and conditions or cautions, if any) in respect of the specific details and conditions of the franchise business;
(2) On the other hand, the Plaintiff is a franchise agreement.