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1. The Defendant shall pay to the Plaintiff KRW 30,045,820 and the interest rate of KRW 15% per annum from May 26, 2016 to the day of complete payment.
Reasons
1. Facts of recognition;
A. On June 15, 2012, the Plaintiff, who conducts the business of organizing and operating a franchise store with respect to the mutual convenience points of 7-ECEVN (SN) and the business of operating guidance, concluded a franchise agreement to establish a management week and B as a partner (hereinafter “instant franchise agreement”). The main contents of the instant franchise agreement are attached hereto.
1. The same shall apply to the franchise agreement;
B. On June 20, 2012, the Defendant engaged in the guaranteed insurance business, etc. concluded a guarantee insurance contract between June 20, 2012, between the Plaintiff, the purchase price of the insured KRW 50,000,000, and the insurance period from June 20, 2012 to June 28, 2017, which provides the details of the guarantee as “payment guarantee based on the three- equipped range of franchise agreements” (hereinafter “instant insurance contract”), and the main contents thereof are attached hereto.
2. The same shall apply to a guaranty insurance policy stated in an insurance clause;
C. A, despite the fact that goods should be sold to consumers in accordance with the instant franchise agreement and the total sales proceeds should be transferred daily to the Plaintiff, began to be in violation of the above remittance obligation from the second half of 2012, and did not comply with the Plaintiff’s request for correction
The Plaintiff discussed the termination of the agreement with A, and eventually the instant franchise agreement was terminated on January 27, 2015.
Plaintiff and A settled final accounts pursuant to Article 60 of the instant franchise agreement, and attached Form of the amount of damages incurred by the said franchise agreement to the Plaintiff.
3. Although there was a total of 30,045,820 of the final settlement of accounts, partnership B, who is liable with A for the above damages pursuant to the above franchise agreement, did not pay the above damages.
On July 28, 2015, the Plaintiff claimed the Defendant to pay KRW 30,045,820, based on the determination that the instant insurance accident occurred under the instant insurance contract.
[Ground of recognition] Facts without dispute, entry of Gap 1 to 10 evidence, purport of the whole pleadings
2. The plaintiff alleged by the parties concerned is the insurance contract of this case.