1. The defendant (Counterclaim) that ordered the payment of the principal lawsuit against the judgment of the court of first instance in excess of the following amount:

1. Basic facts common to the principal lawsuit and counterclaim;

A. The Plaintiff is a franchisor that runs the business of mutual convenience store called “CU”.

On August 1, 2008, the Plaintiff leased, from the Defendant’s spouse B, the first floor store (hereinafter “instant store”) among the Dongjak-gu Seoul Metropolitan Government ground buildings C (hereinafter “instant store”) owned by the Defendant’s spouse B, with lease deposit of KRW 50 million, KRW 1.5 million per month, and the lease term of KRW 24 months, and had the Plaintiff’s franchisees operate convenience stores using the Plaintiff’s business mark at the instant store.

B. On October 11, 2011, the Plaintiff entered into a franchise agreement with the Defendant to operate convenience stores in the instant store as a franchisee.

C. Around June 7, 2012, the Plaintiff changed the Plaintiff’s business mark from “Florate” to “CU”, and around June 13, 2012, the period of contract between the Defendant and the Defendant was 60 months, and the Defendant newly entered into a franchise agreement with the instant store to operate the “D store” as “D store” (hereinafter “instant convenience store”).

(hereinafter referred to as the “instant franchise agreement”). D.

The main contents of the instant franchise agreement are as follows.

Article 33 (Employment of Account of Mutual Accounts) (1) A franchiser and a franchise store operator promises to continuously process loans and payments for mutual transactions based on this contract in accordance with the procedure and method of settlement kept by the franchiser for the franchise trader.

(2) The account of the mutual account shall be opened on the opening date, and shall be closed and settled, as provided for in Article 53, if the contract is terminated.

Article 34 (Change of Items of Claims and Obligations) The contents of the mutual account and the examples of items of claims and obligations to be accounted on the mutual account are as shown in Annex III-4, and each item may be changed according to the details of transactions between franchisers and franchisees.

§ 47.