1. The part of the judgment of the court of first instance against the defendant exceeding the following amount ordered to be paid shall be revoked.

the cancellation.

1. Basic facts (1) The Plaintiff is a merchant who runs a franchise business with the trade name of “E” in relation to the manufacture and sale of the cartech.

② On November 18, 2016, the Defendant remitted KRW 10 million to the Plaintiff’s account under the Plaintiff’s name. From the beginning of December 2016 to April 2017, the Defendant operated the “I Point” in the J building K in Busan Si/Gun (hereinafter “instant store”).

【Ground of recognition】 The fact that there has been no dispute, entry of Gap 3 and 12, the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the conclusion of the franchise agreement, the franchise agreement between the Plaintiff and the Defendant does not indicate the franchise store, and the Defendant did not sign and seal the franchise agreement.

However, in full view of the following facts and circumstances, comprehensively taking into account the statements in Gap evidence 3, Eul evidence 1, and Eul evidence 1, and Eul evidence 2 and N's testimony on April 17, 2019, which can be seen as having entered into a franchise agreement (hereinafter "the franchise agreement in this case") with the defendant around November 2016, where the plaintiff and the defendant provided education and training for the defendant and the defendant's employees, and at the same time provided goods necessary for franchise business to the defendant, and at the expense of the defendant, the plaintiff was entitled to receive 3% (excluding value-added tax) of the monthly card sales (excluding value-added tax) and 5 million won (excluding value-added tax) from the defendant by every fifth day of the following month.

① Around October 2016, the Defendant was issued the instant franchise agreement after receiving consultation with N, the husband of the Plaintiff, who actually runs E, who is the husband of the Plaintiff.

② On November 5, 2016, the Defendant concluded a lease agreement with respect to the instant store, and transferred KRW 10 million to the Plaintiff’s account indicated in the franchise agreement on November 18, 201.

③ On December 2, 2016, the Defendant commenced the operation of the instant store and thereafter April 2, 2017.