A. On March 1, 2003, the Plaintiff entered into a franchise agreement with C Limited Company and operated the “E store” (hereinafter “instant franchise store”) at the store located in Seosan City D (hereinafter “instant store”). The Plaintiff was unable to renew the said franchise agreement under the Plaintiff’s name, and the Plaintiff entered into a franchise agreement with the Nonparty Company under the name of the Defendant, who was working as the store occupant of the instant franchise store, around March 1, 2013.

B. On December 29, 2014, the Plaintiff and the Defendant concluded a transfer contract with respect to the business of the instant franchise store (hereinafter “instant transfer contract”) on the following terms: (a) the Plaintiff and the Defendant entered into a transfer contract (see, e.g., evidence No. 1).

① The amount of KRW 50 million for transfer of business, including deposit for lease of the instant store and deposit for the head office (which appears as the franchise fee of the instant franchise store) 30 million won, shall be KRW 140 million.

(2) In order to pay the proceeds from the transfer of business, the defendant borrowed 140 million won from the plaintiff on December 31, 2014, and the repayment shall be made until January 1, 2018 and the amount shall be paid in KRW 1 million on the 25th of each month.

(3) Where an extension of a lease contract has not been made after three years, it shall be clearly stated that there is no obligation to pay 60 million won, excluding the lease deposit and the head office deposit.

(former part of Paragraph 5 of the No. 5 of the No. 5 of the No. 5 of the No. 5). (4) specify that all liabilities for the employee’s pay, retirement allowances, and taxes incurred before January 1, 20

(latter part of Paragraph 5 of this Article).

The Defendant, upon the transfer of the instant franchise store, closed the instant franchise store around December 2017, when the Plaintiff continued to operate the instant franchise store from January 1, 2015.

Meanwhile, the Defendant paid one million won per month to the Plaintiff from January 2015 to December 2017 under the instant transfer contract.

[Ground of recognition] A without dispute, entry of Gap evidence 1, purport of whole pleadings

2. The allegations and judgment of the parties

A. The plaintiff's assertion (1) 1.