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1. The Defendant shall pay to the Plaintiff KRW 30,00,000 and the interest rate of KRW 20% per annum from February 28, 2013 to the day of complete payment.
Reasons
1. Facts of recognition;
A. On May 20, 2006, the Defendant entered into a franchise agreement with D on May 20, 2006, with regard to the volume of “G” located on the first floor of the F-F underground floor located in Ulsan-gu E (hereinafter “instant store”) and with the content that the Defendant would receive and sell products from the head office C while operating the instant store as a franchise owner (hereinafter “instant franchise agreement”).
B. According to the main contents of the franchise contract of this case, the defendant cannot sell the products of other company than C, which are the head office, and pay 15,000,000 won to C as franchise fees for the use of trade name, trademark, and business know-how provided by C. In the absence of prior approval of C, the business right to the instant store cannot be transferred to a third party or the name of the representative of the franchise store may not be changed. If the defendant violates such terms and conditions of the franchise contract, C can immediately terminate the franchise contract of this case.
C. Since long time after the conclusion of the instant franchise store contract, the entire management rights of the nationwide “G” and the entire specialized store, including the instant store, transferred to H Co., Ltd. (hereinafter “Nonindicted Company”), and accordingly, the Nonparty Company succeeded to the status of the head office of the instant franchise store contract.
On July 6, 2009, the Defendant entered into a contract with the Defendant on the transfer of all business rights, including physical facilities and human facilities, to the Plaintiff at KRW 65,00,000 (hereinafter “instant transfer of business”). The Plaintiff, on July 6, 2009, paid the Defendant KRW 10,000 as the down payment, KRW 30,000 as the intermediate payment on July 20, 200, and paid KRW 25,000 as the remainder on the 22th of the same month, and the Plaintiff and the Defendant drafted the instant transfer of business on the 22th of the same month.
E. The non-party company of this case.