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

Purport of claim and appeal

The first instance court.

A. On June 4, 2007, the Plaintiff entered into a franchise store agreement with the Defendant (hereinafter “instant franchise store agreement”) and opened a restaurant (hereinafter “D”) with the name of “D” in the size of approximately 50 square meters from Nam-si, Namwon-si, Seoul, about June 25, 2007.

B. Article 3(3) of the franchise agreement of this case provides that “When the defendant intends to establish another franchisee’s store in the Plaintiff’s business area, he/she shall obtain the consent of the Plaintiff. The Plaintiff shall not refuse the consent without reasonable grounds when the defendant presents objective materials that the Plaintiff does not cause a decrease in the Plaintiff’s sales.”

C. Around December 2014, the Defendant entered into a franchise agreement with another franchisee, and the 2nd store in Korea, and the said 2nd store in Korea was established near E.

[Reasons for Recognition] Uncontentious Facts, Entry of Evidence A No. 1, and Notice of the purport of the whole pleadings

A. According to Article 3(3) of the franchise agreement of this case, the purport of the Plaintiff’s assertion is that when the Defendant intends to establish another franchisee’s store in the area of Southern City, it shall obtain the Plaintiff’s consent. The Defendant concluded a franchise agreement with another franchisee without the Plaintiff’s consent and set up 2 points in the vicinity E, thereby causing damage to the Plaintiff in violation of the franchise agreement of this case. Thus, the Defendant is obliged to pay the Plaintiff KRW 30,000,000 as compensation for damages and delay damages.

B. In light of the following circumstances, the franchise agreement of this case around August 26, 2008: (a) the fact that the Defendant did not obtain the Plaintiff’s consent at the time of establishment of the above D No. 2 points; (b) the Defendant did not have any dispute between the parties; (c) the evidence and the evidence as mentioned above, and the evidence and evidence Nos. 1 through 6 (including the serial number, and the testimony and the whole purport of the pleadings of the witness F of the first instance trial.