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1. The Defendant’s KRW 37,873,442 as well as 5% per annum from April 10, 2015 to May 15, 2015 to the Plaintiff.
Reasons
1. On April 25, 201, the Plaintiff, a food service franchise company, entered into a franchise agreement with Nonparty B on a carpet C store on the ground of the claim. The Plaintiff supplied goods, etc. necessary for the operation of the said franchise to B thereafter, and the Plaintiff supplied the goods, etc. to B until February 24, 2014, on the aggregate of royalties and goods payment obligations not paid by B until February 24, 2014. The Defendant acquired the above royalties and goods payment obligations with the Plaintiff on February 24, 2014 when entering into the franchise agreement with the Plaintiff on the above carpet C store. After that, the Plaintiff supplied the goods, etc. necessary for the operation of the said franchise to the Defendant until April 9, 2015, and thereafter, the Plaintiff did not have any dispute between the parties, including royalties and goods and goods payment obligations that were received by the Defendant and the parties, or included the number of subparagraphs 37 through 47 and 47, and the grounds for dispute between the parties.
According to the above facts, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 5% per annum prescribed by the Civil Act and 20% per annum as requested by the Plaintiff from April 10, 2015 to May 15, 2015, on the record that the Defendant is the delivery date of a copy of the complaint of this case from April 10, 2015, which is the date following the last supply of goods, to the Plaintiff.
2. On April 2015, the defendant prepared a payment deadline and a repayment plan for the above royalties and goods payment obligations with the plaintiff's D around April 2015, and asserted that the payment deadline has not yet arrived.
On the other hand, it is unclear whether the defendant's assertion itself is the date when the repayment date is set between the plaintiff and the plaintiff with respect to the repayment of the above royalties and the goods-price obligations, and how to implement the repayment plan is different.