1. The Defendant’s KRW 100,000,000 as well as 5% per annum from April 1, 2018 to July 24, 2019 to the Plaintiff.

1. Basic facts

A. On April 15, 2017, the Plaintiff is the “C” franchisor that runs the business of operating a business trip service, etc., and the Defendant entered into a branch contract (hereinafter “instant branch contract”) with the Defendant with the content that: (a) the Defendant participated in Honam branch office to obtain the Plaintiff’s right to operate a branch office franchise (such as recruitment, establishment, education, and supply of goods); and (b) at the same time, the Plaintiff entered into a branch office contract with the Defendant to efficiently manage the franchise store by vicariously performing part of the Plaintiff’s business, including support and control of the business management and business activities of the franchis.

B. According to the instant branch contract, when the Defendant enters into a franchise agreement with a franchise business entity, the Defendant shall pay the Plaintiff the total amount of the franchise fee on the date of the establishment of the new franchise agreement in accordance with the instant branch contract, and thereafter the Defendant may receive incentives from the Plaintiff, and the Defendant is obliged to immediately forward the original copy of the relevant franchise agreement to the Plaintiff.

Nevertheless, on January 3, 2018, the Defendant entered into a franchise agreement with Nonparty D (the representative E of the mining point) without knowledge of the Plaintiff, and embezzled it by receiving KRW 13.5 million from D in the name of the franchise fee.

C. Accordingly, around March 5, 2018, the Plaintiff notified the Defendant of the termination of the instant branch contract on the ground of the violation of the instant branch contract.

As to the above violations, the Plaintiff and the Defendant agreed to pay to the Plaintiff KRW 20 million until March 30, 2018, but if they were to do so, to pay KRW 100 million.

E. The Defendant did not pay KRW 20 million to the Plaintiff upon the lapse of March 30, 2018.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim.