1. The Defendant (Counterclaim Plaintiff) paid KRW 30,195,100 to the Plaintiff (Counterclaim Defendant) and its related amount from October 16, 2014 to February 4, 2016.

1. Basic facts common to the principal lawsuit and counterclaim

A. The Defendant is operating a mutual coffee chain store with the business purpose of the instant chain business, which is called “Gamining.”

The plaintiff is a person who has entered into a franchise agreement with the defendant as follows.

B. On July 16, 2014, the Plaintiff and the Defendant concluded a contract for the establishment of “C” as referred to in Articles 112 and 113 of the Namyang-si 1st floor.

Important matters in the contents of the contract (Evidence A No. 4-2) shall be as follows:

(1) The defendant who is a franchiser shall grant the plaintiff the right to operate the "C" in relation to the franchise business.

(Articles 1 and 2 subparag. 1 and 2). The term of contract is two years from September 1, 2014 to August 31, 2016.

(2) The Plaintiff shall pay 500,000 won to the Defendant immediately after concluding the contract.

(Article 2 subparag. 6 and Article 14(1) of the Act). (3) The Plaintiff shall pay the Defendant KRW 3.3 million of the education expenses prior to the opening point.

(4) The Plaintiff shall pay 5 million won to the Defendant the contract deposit (hereinafter “deposit”) immediately after concluding a contract.

(5) At the expense of the defendant, the defendant must complete the interior facilities at the expense of the defendant before the opening of the franchise store.

(Article XIX, Section 1). (c)

On the same day, the Defendant provided the Plaintiff with a total of KRW 27.4 billion, including the franchise fee, educational expenses, security deposit, interior expenses, facilities, and main equipment expenses, and a total of KRW 6,9190,00,00,00,000, including external test, landscaping, fire fighting, and air conditioners construction expenses, etc.

(Total 27,6590,000 won) D.

From July 17, 2014 to August 4, 2014, the Plaintiff paid to the Defendant KRW 60 million in total as a franchise fee, educational expenses, deposit, and interior expenses (part) in relation to the franchise contract.

E. However, on August 25, 2014, the Plaintiff filed the instant principal suit seeking the return of the above KRW 60 million.

In addition, in August 27, 2014, franchise stores to the defendant.