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1. The Defendant’s KRW 30,910,036 as well as 6% per annum from April 10, 2014 to August 25, 2014 to the Plaintiff.
Reasons
1. On July 31, 2010, the Defendant entered into a franchise franchise agreement (hereinafter “instant franchise agreement”) with the Korea Development Bank of Korea (hereinafter “Korea Development Bank of Korea”) on the terms of the contract on the points B, five years from the opening date.
On August 10, 2010, the Plaintiff entered into a guarantee insurance contract (hereinafter “instant guarantee contract”) between the Defendant and the insured Korea, with each of the following dates: (a) the insured Korea during which the insurance amount is KRW 50,000,000; (b) the insurance period from July 31, 2010 to August 19, 2015; (c) the performance guarantee contract (payment guarantee contract); and (d) the insured Korea’s Republic of Korea: the insurance amount is KRW 6,00,000; (d) the insurance period from July 31, 2010 to August 19, 2015; and (e) the performance guarantee contract (payment guarantee contract) the repayment guarantee obligation under the special support terms and conditions under the refund guarantee agreement (hereinafter “instant guarantee contract”).
In a guarantee contract and a guarantee contract for the return of incentives for damages of this case (hereinafter “each guarantee contract of this case”), when the plaintiff pays insurance proceeds to the insured upon occurrence of an insured incident, the policyholder shall immediately pay the insurance proceeds to the insured, and the policyholder shall pay 6% per annum from the date following the date of payment of the insurance proceeds to 30 days from the date of payment of the delayed insurance proceeds, 9% per annum from the next day to the 60 days from the date of payment
On August 12, 2010, the Defendant issued a notice that the instant franchise agreement will be terminated at the Korea Development Association by content-certified mail on April 12, 2013 while opening and operating the store B (hereinafter “instant store”).
Details concerning early termination of the franchise agreement of this case are as follows.
(A) Article 50 (Cancellation of Agreement and Termination by Special Circumstances) (1) Article 51 (Failure of Termination and Compensation for Damages) (1) Article 50 (Failure of Contents) (3) and Article 50 (Cancellation of Agreement and Termination by Special Circumstances) (1) and Article 50 (Failure of any of the causes referred to in the subparagraphs of Article 50).