1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. In full view of the following facts: (a) there is no dispute between the parties to the basic facts; (b) Party A’s evidence Nos. 1 and B’s evidence Nos. 3 through 5 (including the number of branch numbers; (c) and the purport of the entire pleadings, the Plaintiff’s employees in charge of the Plaintiff’s business and his father prepared a franchise store agreement on the remainder of the term “C” on January 8, 2015; (c) the above contract provides that “one million won out of the contract period automatic extension, exemption during the business period, contract deposit amount of KRW 20,000 on the date of the contract, payment of KRW 10,000,000 on the contract shall be made to the Plaintiff; (d) the contract amount of KRW 5,000,000 on the date of the contract; and (e) the Plaintiff’s total sales amount of KRW 60,000,000 after the contract deposit with the Plaintiff and the Defendant No. 215, Feb. 1, 2015.

2. The Defendant’s judgment on the legality of an appeal is alleged to be unlawful since the Plaintiff’s appeal was filed after the lapse of the appeal period, and thus, Article 396(1) of the Civil Procedure Act provides that “Appeal shall be filed within two weeks from the date on which the written judgment was served.” According to the records of this case, the court of first instance rendered a judgment dismissing the Plaintiff’s claim on May 31, 2016, and served the original judgment on the Plaintiff by public notice on June 30, 2016, and the Plaintiff can be recognized as having filed an appeal on June 28, 2016, which is the date on which the service by public notice became effective. Accordingly, the Plaintiff’s appeal may be recognized.