1. All appeals filed by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of appeal are borne by the Defendant (Counterclaim Plaintiff).

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The following facts do not conflict between the parties, or each entry in Gap evidence Nos. 1, 2, and 10 may be acknowledged by taking into account the whole purport of the pleadings:

The Plaintiff was engaged in franchise business related to D, which is a after-school education program (hereinafter “instant educational program”) producing the flight machine model, which is composed of a small-sized electric mortar with the trade name of “C”.

B. On October 17, 201, the Plaintiff entered into a franchise agreement (hereinafter “instant franchise agreement”) with the Defendant, including the following, to supply the Plaintiff with school materials, etc. related to the instant education program, to the Defendant, to operate after-school education programs using the Plaintiff’s business mark, to pay the Plaintiff a franchise fee, and to decide the Defendant’s business area to be located within the jurisdiction of the Yeonsu-gu Office in Incheon and the Southern-gu Office (hereinafter “instant franchise agreement”).

The term "franchise fee" in Article 2 (4) means any consideration that a franchisee pays to a franchiser in accordance with a franchise agreement, regardless of the name or form of payment, and includes the first franchise fee, continuing franchise fee, and contract performance guarantee.

The term "Continuing franchise fee" in paragraph (6) means all payments that a franchisee pays to a franchiser on a regular or irregular basis in relation to the use of business marks, support for and education on business activities, etc. and other matters in order to maintain a franchise business after the commencement of the franchise business, regardless of the name, such as trademark use fees, educational expenses,

Article 11 (Effective Date of Contracts and Period of Contract) This Agreement shall enter into force on January 12, 2012, and the period shall enter into force from the date of entry into force of the contract until December 31, 2013.

Article 17 (Continued Franchise Fees) Tuition Fees for private business marks that may not be refunded on the terms and conditions of return of the payment deadline.