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Reasons
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(영문) 서울중앙지방법원 2015.11.12 2014가단88138
물품대금 등
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1. As to KRW 22,191,537 and KRW 21,504,321 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 22,50,537, and KRW 687,216.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company established on February 17, 2010 for the purpose of food manufacturing and distributing business, coffee, and confectioning breab, etc., which runs the franchise business of a carpet scam shop in the trade name called a scambbane, and the Defendant is a franchise shop owner who entered into a franchise agreement with the Plaintiff.

B. On June 28, 2011, the Defendant entered into a franchise agreement between the Plaintiff and Jongno-gu Seoul to operate the ASEAN by February 2, 2014.

(hereinafter referred to as “instant franchise agreement”). (c)

The main contents of the instant franchise agreement are as follows.

Article 15 (Payment of Price for Latti, Advertising Fees, and Goods Supplied) (1) “B” shall pay to “A” the price of KRW 1,000,000 for continuing the franchise store operation right, such as the use of business marks and other intellectual property rights owned by “A (Plaintiff)” (excluding value-added tax) by the account of “A (Plaintiff)” or by the account designated by “A (Plaintiff)” or by the designated method.

§ 37 (Interest in Arrears) (1) In the event of delay in the performance of the obligation to pay money or of the obligation to pay money which is due under this contract, the interest in arrears shall be added at the rate of 20 percent per annum from the date following the due date until the date of payment.

The Plaintiff supplied goods to the Defendant by January 2014 pursuant to the instant franchise agreement. The Defendant did not pay to the Plaintiff KRW 3,641,628 on October 201, 2013, KRW 5,156,207 on November 1, 2013, KRW 6,600,32 on December 2013, and KRW 6,106,154 on January 2014.

E. On January 29, 2014, the Defendant notified the Plaintiff that he/she had no intent to renew the instant franchise agreement.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 to 8 (including each number, if any) and the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the defendant raises objection to the plaintiff.

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