(영문) 의정부지방법원 2015.06.23 2014가단40527

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(영문) 의정부지방법원 2015.06.23 2014가단40527

손해배상(등)

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1. The Defendant shall pay to the Plaintiff KRW 37,714,662 and the interest rate of KRW 20% per annum from August 31, 2014 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On May 12, 201, the Plaintiff concluded a franchise agreement (hereinafter “instant contract”) with the Defendant, as a management owner, to operate the store B (hereinafter “instant store”). Around May 12, 201, the Plaintiff, as a company operating the store directly and through a chain store throughout the country, with the content that the Defendant would operate the store B (hereinafter “instant store”).

B. In order to guarantee the liability for damages against the Plaintiff, the Defendant entered into a payment guarantee insurance contract with the Seoul Guarantee Insurance Co., Ltd. with the Plaintiff as the insured and with the purchase amount of the insurance amount of KRW 84 million per one-lane and KRW 9.8 million per two-lanes, which covers the total amount of KRW 93,800,000.

C. According to the instant contract, if a business owner receives goods on credit from the Plaintiff during the contract period, and transfers the total sales proceeds (sales proceeds) sold to the Plaintiff daily to the Plaintiff, the Plaintiff is entitled to the Plaintiff’s share of sales proceeds offseting the sales proceeds from the sales proceeds (35%) according to the instant contract.

Since the balance remaining after deducting various operating expenses is paid to the management owner as the settlement amount, the obligation to remit sales proceeds under Article 26 of the instant contract is an important obligation under the instant contract, but the Defendant did not perform the obligation to remit sales proceeds from September 201.

According to Article 53(2)(a) of the instant contract, the company may terminate the contract by providing for a grace period of not less than two months where a business owner violates the obligation to remit the amount of sales under Article 26, and providing for a detailed representation of the violation of the contract and notifying the other party of the fact that the contract is terminated without correction at least twice in writing. According to Article 55, where the contract was terminated as above, the responsible party shall be the other party

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