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

Purport of claim and appeal

1..

A. On May 5, 2008, the Defendant entered into a franchise agreement with C Co., Ltd. and D head office (hereinafter “instant franchise agreement”), and on May 23, 200, agreed to pay C Co., Ltd. KRW 210,000,000 (the down payment of KRW 2,00,000,000 on May 5, 2008, the intermediate payment of KRW 30,000,000 on May 21, 2008, the intermediate payment of KRW 50,000,000 after completion of the intermediate payment work, and the remainder of KRW 128,00,000 on interest-free interest rate of KRW 12 months).

B. The Defendant paid C Co., Ltd. KRW 20,00,000 on May 11, 2008; KRW 20,000,000 on the 21st of the same month; KRW 10,000,000 on the 22th of the same month; KRW 20,000 on the part payment on the 28th of the same month; KRW 10,000 on the part payment on the 29th of the same month; KRW 148,00,000 on the part payment; and KRW 210,000,000 on the remainder payment around June of the same year.

C. On January 15, 2009, C entered into a sales contract with the Plaintiff, including the right to the instant contract, such as trademark, patent, and right to transfer the trademark right, patent right, premium, etc. as of February 1, 2009, and entered into a contract with the Plaintiff on February 24, 2009 for the transfer and acquisition of the deposit for down payment and logistics.

The Defendant, while operating the headquarters D, notified the Plaintiff of the termination of the instant contract on August 26, 2015, and around that time, the instant contract was terminated.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, 7, Eul evidence No. 1, the purport of the whole pleadings

2. Determination

A. According to the facts of recognition as to the cause of the claim, the Plaintiff acquired the right to the instant contract from C Co., Ltd., and the instant contract was terminated on or around August 26, 2015. Upon the termination of the instant contract, the facts constituting the cause of KRW 1,868,270, which the Defendant failed to pay to the Plaintiff at the time of the termination of the instant contract, can be acknowledged based on the respective entries in the evidence Nos. 5 and 6 and the purport of the entire pleadings.

Therefore, the Defendant delivered the instant payment order to the Plaintiff from August 27, 2015, which was served on the Defendant from August 2017, 2015, with respect to KRW 1,868,270 for the goods price and its amount.