1. Defendant (Counterclaim Plaintiff) and Plaintiff (Counterclaim Defendant) A were 32,786,740 won, and Plaintiff (Counterclaim Defendant) B were 17,28,020 won and 17,228,020 won, respectively.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiffs entered into a franchise agreement with the Defendant, who operates food manufacturing and wholesale and retail businesses with the trade name of “E” and “F”, respectively, and Plaintiff A opened and operated the E stores around December 2012, Plaintiff B, and Plaintiff C, around May 2013, respectively.

B. The Defendant supplied the Plaintiff A with each food material, etc. from the opening point to September 2014, to the Plaintiff B from the opening point to August 2014, and to the Plaintiff C with each food material, etc. from the opening point to August 2014, and claimed a payment based on the supplied amount and the unit price.

C. Of the cost of food materials, etc. claimed by the Defendant against the Plaintiffs, Plaintiff A did not pay KRW 32,786,740, Plaintiff B did not pay KRW 17,228,020, and Plaintiff C did not pay KRW 29,586,505, respectively.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap’s 7 through 9, partial entry of Gap’s 4 through 6, the purport of whole pleadings

2. Determination as to the claim on the principal lawsuit

A. At the time of concluding each franchise contract with the Plaintiffs, the Defendant agreed to supply food materials, etc. to the Plaintiffs as cost, but in fact, at least three times the average price of the goods sold in the village market was claimed for food materials, etc. Accordingly, the Defendant’s excessive payment would amount to KRW 28,503,101, KRW 16,971,690 from the Plaintiff, KRW 11,871,205 from the Plaintiff.

In addition, the defendant agreed not to receive the physical distribution and personnel expenses separately at the time of concluding each franchise contract with the plaintiffs, but the plaintiffs opened each member store, and then claimed total of KRW 34,31,695 won for materials transfer expenses, delivery expenses, distribution and personnel expenses in the name of complete delivery expenses under the Music Act, and claim for total of KRW 13,339,960 against the plaintiff Eul, and total of KRW 31,312,000 for the plaintiff C.

As such, the Defendant received excessive payment from the Plaintiffs.