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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. The Plaintiff is a corporation established for the purpose of franchise franchise and educational business.
B. On September 5, 2017, the Defendant entered into a franchise agreement with the Plaintiff with respect to “C Point”. According to the said franchise agreement, the Defendant was obligated to pay the Plaintiff KRW 4,400,000 of the franchise fee and KRW 2,000,000 of the contract deposit.
C. On September 5, 2017, the Defendant prepared a loan certificate with respect to KRW 5,280,000, which is a part of the franchise fee and performance guarantee, as of November 5, 2017, and delivered the repayment date to the Plaintiff.
The defendant did not pay KRW 5,280,000 to the plaintiff by the due date.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2-1, 2-3 of evidence Nos. 2 and the purport of the whole pleadings
2. Determination
A. According to the above facts, the Defendant was obligated to pay the franchise fee and contract performance bond to the Plaintiff pursuant to the above franchise agreement, but the Defendant prepared a loan certificate for KRW 5,280,000 among them and delivered it to the Plaintiff, and the Defendant entered into a quasi-loan contract for consumption for KRW 5,280,000 among the obligation to pay the franchise fee and contract performance bond between the Plaintiff and the Defendant.
Therefore, the defendant is liable to pay to the plaintiff 5,280,000 won and damages for delay pursuant to the above quasi-loan agreement.
B. As to this, the Defendant did not enter into the franchise agreement on September 5, 2017 with the Plaintiff, and agreed to operate the “C Point” as of November 5, 2017, which was the remainder of the franchise agreement that the former lessee concluded with the Plaintiff, and accordingly, prepared the repayment date as of November 5, 2017. The Defendant asserted that, since the Defendant decided not to enter into the franchise agreement with the Plaintiff, it did not have any obligation to pay the amount of the loan certificate to the Plaintiff.
However, the evidence as mentioned above is written in Gap evidence Nos. 9, 10, and 11 and all pleadings.