1. Of the instant lawsuit, the part of the claim against Defendant B is dismissed.

2. The plaintiff's claim against the defendant C and D respectively.

1. On November 25, 2014, Defendant B: (a) concluded a franchise agreement with the Plaintiff Co., Ltd. (hereinafter “instant franchise agreement”); and (b) concluded a franchise agreement with Defendant B (hereinafter “instant franchise agreement”) and set up the franchise store (hereinafter “instant franchise store”) within Eart F points; and (c) received KRW 65 million from the Plaintiff in return.

Defendant C, as Defendant B’s partner, guaranteed the instant franchise agreement, and Defendant D also concluded a franchise agreement with the Plaintiff on February 24, 2015 (hereinafter “instant additional agreement”) and agreed to allow the Plaintiff to establish the instant franchise store.

However, on May 12, 2015, the Defendants did not intend to establish the instant franchise store to the Plaintiff, and Defendant B prepared a payment note to pay KRW 65 million to the Plaintiff by the 29th day of the same month.

Nevertheless, Defendant B did not pay to the Plaintiff KRW 65 million.

Accordingly, the Plaintiff filed a criminal complaint against Defendant B in fraud (hereinafter referred to as “related criminal case”), and the Defendants shall pay to the Plaintiff KRW 65 million and its delay damages, as set out in each of the above contracts or the respective instruments of payment, as seen earlier. The Plaintiff shall be jointly and severally liable for damages of KRW 24 million invested by the Plaintiff in order to establish the instant franchise store.

2. Determination:

A. In full view of the fact that there is no dispute as to the claim against Defendant B, the following circumstances are recognized in view of the purport of the entire pleadings, Eul 1, 2, and the entire arguments:

In other words, on December 22, 2015, the Plaintiff confirmed that Defendant B had already returned KRW 18 million to the Plaintiff on November 6, 2015 (Paragraph 1), and Defendant B paid KRW 15 million to the Plaintiff immediately after preparing the agreement (Paragraph 2), and the Plaintiff shall withdraw the relevant criminal case and the instant lawsuit within five days from the date of receipt of KRW 15 million.

(3) under the agreement to the effect that paragraph (3) is '.'