1. Of the judgment of the court of first instance, the part concerning the principal lawsuit shall be modified as follows.

The Defendant-Counterclaim Plaintiff (Counterclaim).

1. Facts recognized;

A. (1) The Defendant Company is a business proprietor who runs the wholesale and retail business of coffee, etc. (hereinafter “instant franchise business”) with the trade name “B,” and is a franchisor as prescribed by Article 2 subparag. 2 of the Fair Transactions in Franchise Business Act (hereinafter “Franchis Business Act”).

(2) On June 1, 2010, the Plaintiff, as a franchisee prescribed in Article 2 subparag. 3 of the Franchise Business Act, who was granted a franchise license from the Defendant Company, opened and operated the “D” store (hereinafter “instant coffee store”) on the first and second floors of the building located in Gangnam-gu Seoul (hereinafter “instant store”) in Gangnam-gu, Seoul, and closed January 12, 2014.

B. (1) During the process of the conclusion of the franchise agreement, the Defendant Company: (a) performed a lease agreement with the terms of “250,000,000,” and the term of lease on October 6, 2009, with respect to the store of J, K and the instant case, in order to directly operate the coffee specialty store in the vicinity of D located in Gangnam-gu Seoul Metropolitan Government I; and (b) concluded a lease agreement with the terms of “72 months.”

However, since the lease period of the previous tenant still remains, the defendant company decided to use the previous tenant's store after the lease period of the previous tenant expires.

(2) On January 14, 2010, the Plaintiff requested consultation on the type of business start-up, cost of start-up, business district analysis, business feasibility outlook, etc. to the CCC Start-up Co., Ltd. (hereinafter “CC Start-up”), which is an advisory company for start-up.

(3) In the course of collecting information, the CC business start-up asked the Defendant Company to find out whether there is a store that can be franchise agreements, and the Defendant Company informed the CC start-up that it may operate the store by changing the name of the lessee of the instant store to the store.

(4) The subsequent CCC business start-up refers to the documents No. 5 of the title “presumive profits from the estimated sales,” which contain the following contents from the Defendant Company, and the first income from the following.