1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 10,00,000 as well as its full payment from March 31, 2016.

1. Basic facts

A. Hopnb Korea Co., Ltd. is a corporation established for the purpose of mass restaurant business, chainr business, etc., and is a franchisor that runs the franchise business of a restaurant of “Fudukty” whose main issue is the recipient and Skone Star, etc., and the Defendant is a franchisee that operated C points.

B. On October 10, 2013, Hoho F&B Korea Co., Ltd. grants the Defendant a franchise license to operate a store using the business mark “F&P” from October 10, 2013 to October 9, 2015. The Defendant entered into the franchise agreement to pay 259,700,000 won for the remainder of the payment (hereinafter “the instant money”), and to pay 10 million won for the remainder of the payment (hereinafter “the instant money”) by October 9, 2014, with the payment of overdue interest of 200% per annum from the date following the date of payment to the date of payment (Article 40) (hereinafter “instant franchise agreement”).

C. On December 18, 2015, the rehabilitation procedure was posted by this Court 2015 Gohap5037 on December 18, 2015, and A was appointed as a custodian.

[Ground of recognition] Facts without dispute, Gap evidence 6, Eul evidence 13, the purport of the whole pleadings

2. Determination as to the cause of claim

A. We examine the principal claim, and there is no dispute between the parties that the Defendant did not pay the Plaintiff the instant amount under the instant franchise agreement. Thus, the Defendant is obligated to pay the Plaintiff damages for delay calculated at the rate of 20% per annum from March 31, 2016 to the date of full payment, which is the amount of KRW 10 million and the date of the payment.

B. The defendant filed a counterclaim, and the franchise agreement of this case.