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1. The Defendant’s KRW 93,00,000 and the Plaintiff’s annual interest thereon from March 3, 2017 to January 31, 2018.
Reasons
1. The Plaintiff is running a franchise store business with the trade name “C” since June 5, 2006.
[A] On November 6, 2015, the Defendant entered into a provisional contract on D and franchise store No. 6 points (Franchisium 30 million won, 50 million won, 60 million won, 20 million won, and 30 million won, 50 million won, and 5 million won).
[A] Afterward, D, as of December 7, 2015, was leased from E as of the F (Ulsan-gun G) of Ulsan-gun, the entire two floors of which are KRW 10 million, monthly rent of KRW 700,000,000, monthly rent of KRW 700,000, and the period from December 21, 2015 to December 20, 2017.
[A] 5] After December 15, 2015, a franchise store agreement was prepared between the Plaintiff and the Defendant on the six points of the instant franchise business.
[A] There is no evidence of the Plaintiff’s arbitrary preparation or forgery of the document, while the Defendant’s seal imprints the Defendant’s seal imprint. Accordingly, the establishment of the authenticity is recognized. Meanwhile, the Defendant asserts that the instant document was unilaterally made by the Plaintiff for the Plaintiff’s loan or for a sort of card tin, and that it is not a genuine franchise agreement, but there is no evidence to acknowledge that it is not a genuine franchise agreement. It is a disposal document, and the contract is concluded in accordance with the stated contents; hereinafter “instant franchise agreement”). Of the instant franchise agreement, the main contents of the instant franchise agreement concerning franchise expenses, interior expenses, monthly franchise expenses, etc. are as follows:
[A] The Plaintiff, “B,” and “B,” refer to the Defendant respectively. On the other hand, in relation to the cost of establishing a franchise store, the Plaintiff asserts as follows:
[Defendant 2] According to the description of “A” as to the existence of the original judgment as to the claim for the “paid payment” according to the letter of commitment on February 2, 2016, and the Defendant’s franchise on January 20, 2016 to the Plaintiff on January 3, 2016.