1. All appeals filed by the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of appeal shall be individually counted.

1. The reasoning of the appellate court’s judgment citing the judgment of the court of first instance is the same as the ground of the judgment of the court of first instance, except for the dismissal as set forth below, and thus, it is acceptable in accordance with the main sentence

From 6th to 7th day of the judgment of the first instance, the following shall be raised from the 6th day to the 3th day.

(2) Article 35(1) of the instant franchise agreement provides that if the instant franchise agreement is terminated due to the Defendant’s fault, the Defendant shall pay to the Plaintiff an amount calculated by multiplying the remaining number of months until the expiration of the contract period by one million won (hereinafter “compensation under Article 35(1)”). Paragraph (6) of the same Article provides that when the Defendant purchases essential goods necessary for the unity of franchise business, he/she shall pay to the Plaintiff an amount of KRW 10 million as penalty (hereinafter “compensation under Article 35(6)”); Paragraph (8) of the same Article provides that the interest rate of KRW 20 per annum. As such, the Defendant is liable to the Plaintiff for damages at the rate of KRW 10,000, KRW 200, KRW 3000, KRW 5000, KRW 3000, KRW 5000, KRW 3600, KRW 5000, KRW 3005, KRW 5005, KRW 300,000, KRW 365,0000.

B. On the other hand, damages under Article 35 (1) and (6) due to the violation of the instant franchise agreement shall be presumed as liquidated damages. The plaintiff and the defendant shall comply with Article 35 (1) and (6) of the instant franchise agreement.