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1. The defendant shall pay 43,750,000 won to the plaintiff and 15% per annum from July 27, 2017 to the day of complete payment.
Reasons
1. Basic facts
A. On April 10, 2014, the Plaintiff entered into a contract with the Defendant to acquire all rights, such as business rights, etc. (hereinafter “instant contract”) within CY stores (hereinafter “D”) in the Defendant’s operating department stores (hereinafter “instant store”). As a special agreement, “Defendant guarantees a normal business operation for two years.” Since July 2015, when the C department stores and recontracts are known, the Plaintiff guaranteed the Plaintiff the total operating rights, and the cost and the house period necessary for other sales stores for the remainder of the period of guarantee. However, when the Plaintiff is unable to run the remaining guarantee period in other sales stores, the Defendant calculated the remaining guarantee period of KRW 375,00 per month on a monthly basis, and paid the Plaintiff the remainder of guarantee period in lump sum within three months after the contract is terminated (Article 1 of the special agreement). In the event that the Defendant plans to rent in EF stores at the time of the contract, and provided the Plaintiff with an opportunity for cash settlement within 40,000,000,000).
(hereinafter “instant special agreement”). B.
The Plaintiff paid the purchase price to the Defendant by April 18, 2014 and operated the store of this case from that time, and the Plaintiff completed the business around July 31, 2015 and recovered from the store.
[Ground for recognition] Unsatisfy
2. Assertion and determination
A. On July 2015, the Plaintiff asserted that: (a) around July 2015, the Plaintiff could not operate the instant store as a result of notifying the Defendant of the nonperformance of the extension of the contract; and (b) completed the operation of the store on July 31, 2015; and (c) the Defendant did not allow the Plaintiff to operate the store for the remainder of the period of time in other stores; and (d) therefore, the Defendant is liable to pay a penalty equivalent to nine months during the period of operation of the agreement under the instant contract pursuant to Article 1 of the instant special agreement.