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1. The Defendant’s KRW 91,361,114 as well as the Plaintiff’s annual rate of 6% from December 17, 2016 to September 29, 2017.
Reasons
1. Basic facts
A. On May 29, 2015, the Plaintiff entered into a franchise agreement on Empt A (hereinafter “A franchise agreement”) with Empt A (hereinafter “A store”) on May 29, 2015, with a company engaged in franchise business, etc. of Embba (hereinafter “ Emba”), a franchise agreement on Emba (hereinafter “A store”).
On March 4, 2016, the Defendant concluded a contract to guarantee the payment of liability for damages against the Plaintiff on June 5, 2015 as “the insured, the insurance amount of KRW 50 million, and the insurance period from June 5, 2015 to June 4, 2016” (hereinafter “the first guarantee contract for damages”).
B. On July 8, 2015, the Plaintiff concluded each franchise agreement (hereinafter “instant franchise agreement”) with Empt B, C, D (hereinafter “B, C, and D”) on Empt B, C, and D, as well as A (hereinafter “instant franchise store”).
On January 17, 2016, and February 17, 2016, the Defendant: (a) concluded a payment guarantee agreement with the Plaintiff on July 8, 2015 to July 7, 2016; and (b) concluded a payment guarantee agreement with the Plaintiff on the second franchise agreement (hereinafter referred to as “second franchise guarantee agreement”); and (c) concluded a payment guarantee agreement with the Plaintiff on February 2, 2016 to “the Plaintiff, the purchase price of the Plaintiff, the insurance price of KRW 123,138,890, and the insurance period of KRW 50,000,000,000; and (d) the payment guarantee agreement with the Plaintiff on July 8, 2015 to May 31, 2021.”
C. The defendant actually holds the insurance period as above.