1. The Defendant: KRW 38,33,34 for the Plaintiff and KRW 5% per annum from March 17, 2018 to May 3, 2019.

1. Facts of recognition;

A. The Defendant was established on July 19, 2016 for the purpose of franchise business, etc. and is a company that runs a carpet business with the trade name of “C”, and the Plaintiff entered into a franchise agreement with the Defendant with respect to the said franchise store.

B. On October 13, 2017, the Plaintiff entered into a franchise agreement with the Defendant for a contract term of three years with respect to “C Sejong Store” (hereinafter “instant franchise store”) (hereinafter “instant contract”). Around October 13, 2017, the Plaintiff paid the Defendant KRW 45,000,000 in total as the name of franchise fee, performance bond, etc. (hereinafter “instant deposit”).

C. Article 13(3) of the instant contract provides, “If a request for the cancellation before the opening point is made due to a cause attributable to the Plaintiff, the Plaintiff shall bear the cost of interior and removal following the cancellation, and the Defendant shall refund the amount to the Plaintiff out of the amount the Plaintiff has already received, after offsetting the penalty, pursuant to the following provisions regarding the amount to be returned. However, the franchise fee equivalent to the amount of the payment for which the performance has been completed among the franchise fees that do not have the nature of advance payment under the contract term, such as training expenses before the opening point, interior expenses, etc., shall not be returned to the extent that it does not violate the concept of fairness.”

The total amount of actual expenses incurred, such as interior and facility expenses incurred in connection with the opening of 3 million won prior to the opening of 10,000 won from the 10th day after the conclusion of the contract or the payment of money within 24 hours after the cancellation date of the contract or the payment of the money, within 24 hours after the conclusion of the contract or the payment of 2,000 won to the franchise store.

D. The Plaintiff rescinded the instant contract by delivering a copy of the complaint prior to the opening of the instant franchise store.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1, 2, and 4 (including branch numbers; hereinafter the same shall apply), and the purport of the whole pleadings

2. Determination

A. Determination as to the cause of the claim