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

Purport of claim and appeal

[Claim]

A. The Defendant’s status 1) On September 24, 2012, the Defendant is a Co., Ltd. (hereinafter “principal”) Co., Ltd. (hereinafter “Co.”).

(1) The Agreement between the General Headquarters in the Seoul metropolitan area and the General Headquarters in Gwangju metropolitan area (hereinafter referred to as the “Agreement between the General Headquarters in Gwangju metropolitan area and the General Headquarters in Gwangju metropolitan area”).

(2) According to the above contract, the branch office and franchise store contract shall be the name of the head office, and the branch office and franchise store whose head office is not signed shall not be recognized as C’s regular branch office and franchise store. The head office may terminate the contract at will when the defendant opens a branch office and franchise store at will.

B. On October 16, 2014, the Plaintiff and the Defendant concluded a C Branch Agreement with the effect that “the Plaintiff may establish and operate the C and D Program (hereinafter “Educational Program”) to the Defendant using the Plaintiff’s management know-how, and the C Branch Agreement with the Defendant to operate C and Gwangju Mining Branch with the Plaintiff’s instruction and support (hereinafter “instant Agreement”).

(2) On October 16, 2014, the Plaintiff paid KRW 18 million to the Defendant according to the instant contract, on or around October 16, 2014.

C. (1) around June 2015, the Plaintiff asked F, the representative E, whether the Plaintiff was aware of the contract on the Gwangju Mining Branch, and F said that the contract on the Gwangju Mining Branch was null and void. (2) On June 22, 2015, the head office issued the Defendant’s unauthorized establishment of a branch office, etc. and notified the termination of the Gwangju Nam-nam General Headquarters Agreement.

3. The application for the instant payment order was served to the Defendant on April 27, 2016, which contains the Plaintiff’s rescission of the instant contract and the expression of intent to return KRW 18,000,000.