1. The plaintiff (Counterclaim defendant) is to pay 300,000 won to the defendant (Counterclaim plaintiff) and to pay 300,000 won from May 28, 2020 to August 18, 2020.

1. The fact of recognition (the principal lawsuit and counterclaim shall be deemed to be filed together);

A. On December 26, 2018, the Plaintiff entered into a sports program D franchise (franchis) temporary contract (hereinafter “instant temporary franchise contract”) based on the attached Form C, such as the Defendant and the attached Form 1, and entered into a temporary contract on the rights of branch offices in the original original district as shown in attached Form 2 on the same day (hereinafter “instant temporary branch contract”).

B. Since then, the instant temporary franchise agreement and the branch contract were not concluded.

C. The Defendant paid KRW 5 million to the Plaintiff pursuant to Article 10 of the instant temporary franchise agreement. From January 2019 to March 3, 2019, the Defendant informed the Plaintiff on July 11, 2019 that the instant temporary franchise agreement and the instant temporary franchise agreement and the instant branch contract are rescinded pursuant to Article 565 of the Civil Act, stating that “The Plaintiff waivers down payment of KRW 5 million for the reason that the Plaintiff did not build a know-how or infrastructure related to the franchise business, and cancels the instant temporary franchise agreement and the instant temporary franchise agreement. The Defendant’s place of business is suspended using the Plaintiff’s means of public relations, and is not using the relevant images or photographs.”

Since then, the defendant continues to conduct business in the same place F with the trade name.

On March 2, 2020, the Plaintiff expressed his intention to cancel the instant temporary franchise agreement and the branch contract on the ground that the Defendant did not pay the franchise fee under the instant temporary franchise agreement, and that the Defendant violated the prohibition clause of the same kind of business under the instant temporary franchise agreement.

[Ground of recognition] Unsatisfy, Gap evidence 1-2, Gap evidence 1-3-1 to 3, Gap evidence 4-1 to 4, Eul evidence 2 and 3-2, result of the order of submission of taxation information about the original documents of this court, the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. Even after the Defendant’s assertion cancels the instant temporary franchise agreement and the branch contract, it is from the Changwon E and the third floor of the Changwon E.