2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

A. 1) On January 4, 2016, the Plaintiff entered into a franchise agreement (hereinafter “instant franchise agreement”) with respect to the EshoB store (hereinafter “instant store”) on January 4, 2016, using the service mark “PhoB day” (hereinafter “instant store”).

3) According to Article 15 of the instant franchise agreement, the store facilities of the franchise store (the interior) were designed and constructed according to the specifications determined by the head office to maintain the unity and originality of the entire franchise business, and the store facilities were to be executed directly by the head office or through the company designated by the head office. (B) The Plaintiff introduced and installed the Defendant for the interior works of the franchise store.

2) On January 4, 2016, Embry Leisure Co., Ltd. (hereinafter “instant construction”) with the Defendant and the instant store on January 4, 2016.

As to January 5, 2016 to February 13, 2016, the construction contract is determined as KRW 195,00,000 (excluding value-added tax) and the construction contract (hereinafter “instant construction contract”).

3) Under the instant construction contract, the leisure industry paid a total of KRW 147,00,000 to the Defendant.

C. 1) The Plaintiff’s discontinuance and arrangement 1) continued the instant construction project on behalf of the instant leisure business, and the Defendant did not perform the instant construction project properly, and was urged from February 12, 2016 to perform the construction project several times. 2) The Defendant discontinued the construction project on March 4, 2016, in a state that the construction project was conducted on less than 70% as of February 29, 2016, and the instant construction contract was waived and completed through another company, all of the amounts exceeding the remainder of 48,000,000 won, within 30 days after the Defendant completed the construction project.