1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Basic facts

A. The Plaintiff is a company engaged in skin use and plant development franchises, etc. with the trade name of “C”.

B. On February 27, 2012, the Defendant concluded a franchise agreement with the Defendant (hereinafter “instant agreement”) stipulating that the Defendant will take over the C-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S

C. From September 2012, the Defendant began to delay payment of royalties, and the Plaintiff notified the Defendant of the termination of the instant contract on October 2, 2013.

The penalty to be paid by the Defendant for the termination of the instant contract due to a cause attributable to the Defendant is KRW 3,50,000 (5 months after the end of the instant X contract period, as stipulated in Article 16(1) of the Agreement).

E. The Defendant paid 4 million won as contract performance guarantee to the Plaintiff in order to guarantee the payment of royalties, penalty, etc.

[Reasons for Recognition] Each entry of Gap evidence 1 to 5 (including each number), the purport of the whole pleadings

2. Determination:

A. The instant contract on the cause of the claim was lawfully terminated upon the Defendant’s notice of termination due to the delay in payment of royalties.

Therefore, according to the instant contract, the Defendant is obligated to pay the Plaintiff unpaid royalties and penalty for breach of contract.

B. The defendant's assertion (1) is based on the premise that the contract of this case should employ a person who has failed to meet the qualification as a massage, which inevitably causes a violation of the Medical Service Act, and the contract of this case is null and void as it is contrary to good morals and other social order.

No person, other than the visually disabled, can be qualified as a massage, and the contract of this case shall be concluded by the plaintiff to the defendant who is not the visually disabled.