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1. The Defendant: (a) KRW 100,000,000 for the Plaintiff and 5% per annum from January 10, 2014 to January 8, 2015.
Reasons
1. Basic facts
A. In order to prevent the deterioration, corruption, and invasion of pests caused by habitation of human beings or companion animals, the Defendant has studied the method of melting them at low temperature to make the decision body from being damaged due to habitation, germs, etc., and has implemented the plastic project upon the registration of patent rights with regard to the plastic punishment.
B. On October 26, 2012, the Plaintiff and the Defendant: (a) granted the Plaintiff all business rights, such as the recruitment of branch offices, establishment of direct management stores, and membership recruitment using all intellectual property pertaining to the “Buletype Technology”; and (b) concluded an agreement with the Defendant to grant the Defendant a patent contract amount of KRW 50 million and KRW 60 million and KRW 60 million and KRW 60 million and KRW 60% of the amount of the franchise agreement (the period until the patent development cost is at KRW 1.6 billion) and the amount of the sales royalty (hereinafter “instant agreement”).
On the same day, the Plaintiff entered into an additional agreement with the Defendant on the content that specifically stipulates matters concerning the burden of patent technology development funds, such as franchise fee of 60% and sales royalty, in relation to the instant agreement (hereinafter “instant special agreement”) with the following terms: “If the Plaintiff is determined based on objective facts that it has failed to implement or has significantly poor business for a long time (such as recruitment advertisement, etc.) and that it is unlikely that it will lead to the future, the Defendant may terminate the agreement or directly commence business and may grant a third party an additional business license.”
C. On December 7, 2012, the Plaintiff paid a total of KRW 5 million to the Defendant, including KRW 7 million on December 19, 2012, KRW 23 million on December 19, 2012, and KRW 55 million on February 1, 2013, and paid KRW 10 million on November 30, 2012 as the cost of mechanical equipment. On March 12, 2013, the Plaintiff lent KRW 5 million at the Defendant’s request.
In addition, during the period from March 4, 2013 to April 3, 2013, the Plaintiff totaled 33.7 million won.