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

2. Of the costs of lawsuit.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On January 14, 2014, C and D entered into a contract with the Defendant for the establishment of a franchise store (hereinafter “instant construction contract”) with the content that C and D franchise business operators, the Defendant as the franchisor, and the Defendant, as the franchisor, would establish a business kic in the name of “F store” (hereinafter “instant franchise store”) at a store of 110 square meters among the E-ground buildings in Seongdong-gu, Gyeyang-gu, Seongbuk-gu, Seoul (hereinafter “instant franchise agreement”) and KRW 285 million for the construction cost (30 million for the contract amount, KRW 135 million for the retainer, KRW 65 million for the intermediate payment, KRW 60 million for the intermediate payment, KRW 60 million for the remainder payment, and KRW 10 million for the instant construction contract was paid to the Defendant as the down payment and KRW 20 million for the instant construction contract (hereinafter “instant construction contract and before the instant construction contract, KRW D entered into between the Defendant and the Defendant under the name of the corporation.

(C), D and the Defendant considered the above provisional contract amount of KRW 10 million paid by D through the conclusion of the instant construction contract as the down payment of the instant construction contract). (B)

After the delay in the payment of the starting amount of the instant construction contract, the Defendant urged D and C to pay the starting amount, and D and C replyed that D and C will pay the starting amount after establishing a corporation under the name of D and C.

After that, the payment of the retainers will continue to be delayed, and the plaintiff, D, and C transferred the status of the franchise operator of the instant construction contract to the plaintiff on March 6, 2015, as well as the written agreement (A evidence 2; hereinafter "the instant agreement") in which the status of the construction contractor of the instant construction contract is also transferred to the plaintiff from D and C to the plaintiff (the instant agreement is written on the one hand, in relation to the indication of the franchise store, the size of the store is about 464.14 square meters (A40 square meters) with respect to the indication of the franchise store), and the plaintiff on the same day, as the construction cost of the instant construction contract, 10 million won, to the defendant