A. The plaintiff is a small man-made fishery business operator, and C is a representative of the defendant company.

B. On December 6, 2016, the Defendant established the Defendant Company for franchise business of “D”. On November 30, 2016, immediately before the establishment, the Defendant entered into a contract with the Plaintiff for franchise franchise business with the following content:

(hereinafter referred to as “instant contract”). “D”, modified trade names, types of business, and business operators are subject to Party A (C), and based on which Party A’s authority on franchise construction is open to Party B (Plaintiff).

The minimum construction cost shall be 1.1 million won per square year, at least 8 square meters (8.8 million won);

(Non-value-added Tax or Separate Construction. The performance of rights arising under this Agreement shall not be transferred or terminated to a third party without mutual consent, and if B establishes a member store in the trade name of a third party without consent of A, it shall pay to A penalty of KRW 10 million in penalty for the member store established without consent of A, and if A or the member store owner has carried out construction to another company, it shall pay to the other company penalty of KRW 5 million in penalty for each of the member stores which has carried out construction works.

C. From February 1, 2017, the Plaintiff entered into the instant contract with respect to the Human Resources Construction Corporation for a total of eight member stores. On April 26, 2017, the Defendant notified the Plaintiff of the termination of the instant contract on the grounds of construction defects, etc.

On the other hand, around April 6, 2017, the Plaintiff filed the instant lawsuit against the Defendant claiming a penalty for breach of contract under the instant contract on the 24th of the same month when the Defendant knew that he/she had entrusted another business entity with a franchise store interior works.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 4, 10 evidence, purport of the whole pleadings

2. According to the facts of the above recognition, the defendant violated the contract of this case and thereby violated the contract of this case to other enterprises that are not the plaintiff.