A. On April 28, 2014, the Plaintiff entered into a franchise agreement (hereinafter “instant franchise agreement”) with the Defendant (representative director D, E), the franchisor, for the purpose of shop occupants, and actually, the franchise store operated by the Plaintiff pursuant to the instant franchise agreement is “F store” (hereinafter “instant store”).

B. On June 3, 2014, the Defendant entered into a consignment contract with the non-party IMD Co., Ltd. (hereinafter “non-party IMD”) that manages and operates a store of the sixth floor of G building (230 square meters) on a long-term basis, on the part of the above store (40 square meters). The Defendant concluded a consignment contract with the non-party IMD that the non-party company (trustee) would be supplied with the goods from the Defendant and sell the goods, and the Defendant would pay a certain percentage of sales commission to the non-party company.

C. On June 14, 2014, the Plaintiff sought an explanation from the Defendant that the interior works for the operation of the instant store are necessary, and concluded the instant construction contract with the Defendant (representative director D, E), and paid KRW 103,365,500 to the Defendant (hereinafter “the instant construction contract”).

On February 19, 2016, the Plaintiff terminated the instant franchise agreement by expressing that the Defendant does not want the renewal of the agreement. On the other hand, the Defendant’s part of the instant construction agreement is also based on the instant construction contract. In the process of consultation with Nonparty Company as to whether the interior works of the instant store were removed and whether ownership belongs to the Plaintiff. In the process of consultation with Nonparty Company, the Nonparty Company confirmed that: (a) during the interior works of the instant store, the Defendant Company carried out the entire works except for the part of the interior works of the instant store and the part of the subordinate department (hereinafter “instant part”); and (b) on the other hand, the Defendant’s part of the instant construction works is based on the instant construction contract.