1. The Defendant (Counterclaim Plaintiff) paid KRW 33,540,619 to the Plaintiff (Counterclaim Defendant) and its amount from September 27, 2014 to February 3, 2016.

1. The following facts do not conflict between the parties, or may be acknowledged by comprehensively taking account of Gap evidence 1 to 4, Eul evidence 8-1 to 19, Eul evidence 2-1 to 6 (except for the part in which the defendant stated), Eul evidence 6-1 to 3, Eul evidence 9, and the whole purport of arguments and arguments:

On May 21, 2014, the Defendant entered into a contract on the operation of the said Daejeon and Chungcheong Branch Office (hereinafter “instant branch contract”) with the Defendant, which operates the sales store of ice trees, etc. with the trade name of “C”.

The relevant provisions of the branch contract of this case are as follows.

Article 8. (1) The defendant shall deposit KRW 60,000 (excluding value-added tax) and KRW 20,000 (excluding value-added tax) with the financial institution designated by the plaintiff as a deposit in order to ensure the safety of the continuous transaction contract.

Provided, That the deposit shall be deducted from the remaining amount of debt at the time of termination of the contract of the branch, and shall be refunded to the branch office.

(3) The franchise fee under paragraph (1) shall not be refunded to the Defendant after the contract of a branch, in consideration of the fact that the Defendant received from the Plaintiff the right to establish and manage the “C” in the relevant region.

(4) If the franchise under paragraph (1) is not deposited even after one month has passed since the conclusion of this contract, the plaintiff may cancel the franchise agreement.

Article 10 and renewal of the contract period (1) The contract period shall be three years from the date of conclusion of the contract.

Article 11. The franchise ① 50% of the franchise fees incurred within the region in which the defendant's branch offices are operated shall be paid to the defendant by the plaintiff.

Article 11-2 (1) The plaintiff shall pay 1% of the royalties 2% received from the franchise store to the financial institution designated by the defendant.

Article 11-3 (1) The defendant shall be responsible for the education necessary for the operation of the franchise store when opening the franchise store in the defendant's business area, and shall overall planning and management of the store's opening and operation and other matters.

Educational expenses and.