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1. The Defendant’s KRW 100,000,000 per annum for the Plaintiff and six percent per annum from January 14, 2014 to April 24, 2014.
Reasons
1. Basic facts
A. The defendant is a person who has been engaged in the part-time management business (hereinafter "the instant business") under the trade name "D" in the Nam-gu Seoul metropolitan area, and the plaintiff is a person who has entered into a franchise agreement with the defendant with regard to the instant business as seen below.
B. (1) On November 11, 2009, the Plaintiff entered into the instant franchise agreement with the Defendant on the following: (a) on the condition that the Defendant transferred the know-how, etc. for the operation of the instant business from the Defendant; and (b) on the condition that the Defendant would equally divide profits therefrom with the Defendant, the Plaintiff entered into a provisional contract: (a) the Plaintiff agreed to operate the Nam-gu Seoul (hereinafter “D”); (b) the Plaintiff shall pay the Defendant the total amount of KRW 100 million (hereinafter “instant KRW 100 million”) to the Defendant (hereinafter “instant provisional contract”); (c) the Plaintiff shall receive KRW 20 million on Nov. 11, 2009; (d) the balance amount of KRW 80 million on Feb. 25, 2010; and (e) the contract shall again be made on the remainder payment date” (hereinafter “instant provisional contract”).
(2) Pursuant to the instant franchise agreement, the Plaintiff transferred to the Defendant KRW 20 million on November 11, 2009, KRW 240 million on February 24, 2010, and KRW 60 million on February 25, 2010, respectively, according to the instant franchise agreement.
C. On March 10, 2010, the Plaintiff and the Defendant completed the Rotterdam Corporation (hereinafter “the instant Rotterdam Corporation”) with respect to KRW 55 million (the Plaintiff KRW 30 million, Defendant 25 million) on the instant franchise store.
On July 6, 2011, the Plaintiff was unable to operate the instant franchise store any longer before and after childbirth to the Defendant. Since that time, the Plaintiff did not operate the instant franchise store. The Defendant operated the instant franchise store thereafter, and closed the instant franchise store on June 5, 2012.
The plaintiff's Dong-in E is the member store of this case from March to April 2012.