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Reasons
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(영문) 서울중앙지방법원 2016.10.21 2015가단5297033
보험금
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1. The Defendant’s KRW 30,716,158 as well as the Plaintiff’s KRW 20% per annum from September 2, 2015 to September 30, 2015, and thereafter.

Reasons

1. Basic facts

A. 1) The Plaintiff and Nonparty A entered into a franchise agreement and a guarantee insurance contract, etc., on July 17, 2009 (hereinafter “instant store”).

As to the term of the contract, franchise franchise agreements (hereinafter “instant franchise agreement”) setting the term from July 31, 2009 to July 30, 2014.

(2) On July 20, 2009, A entered into a guarantee insurance contract for the payment guarantee of damages under the instant franchise agreement with the Defendant as the Plaintiff, from July 31, 2009 to July 30, 2014, setting the insurance amount as KRW 60,000 (hereinafter “instant insurance contract”), and then issued the said guarantee insurance policy to the Plaintiff.

3) On July 31, 2009, Seongdong-gu Seoul Metropolitan Government leased one floor and commenced the instant store business on or around July 31, 2009. (b) Prior to the termination of the franchise agreement and the acquisition of the store transfer contract, A violated the obligation to transfer sales revenue under the instant franchise agreement from the end of 2012, and the Plaintiff and A agreed to cancel the instant franchise agreement on August 26, 2013, and the Plaintiff concluded a contract for the transfer of business rights and facilities (hereinafter “instant transfer contract”).

The main contents of the instant transfer contract are as follows.

1. Indication of real estate: Seongdong-gu Seoul Metropolitan Government 1 story (Lease area of 155.52 square meters and actual area of 86.4 square meters);

2. The current status of the transferor: A lessee;

3. Existing Terms and Conditions of Lease: A contract for the transfer and acquisition of the above-mentioned facilities and business rights related to real estate in the amount of five years of contract for lease deposit, KRW 7,00,000, monthly rent of KRW 1,100,000, premium of KRW 20,000 shall be entered into as “A” and the transferee shall be “B” as follows:

- - Future - Section 1 (Amount of Right and Contents of Contract) above

1.B The amount of real property rights to real property Party A shall be as follows:

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