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. On July 27, 2017, the Plaintiff and the Defendant, a corporation for the purpose of the automobile service business, entered into an agreement on the business of team 200,000 won and a contract on the use of brand (hereinafter “instant agreement”) with the Defendant, under which the Plaintiff would be an agent of the Defendant, who received the ice Lighting Service and the product brand from the Defendant, and the Defendant would be paid KRW 18,80,000 under the name of educational expenses and the goods cost (hereinafter “contract”).

B. Of the instant contracts, the part relating to the instant case is as follows.

Article 4 (Payment, etc. of Educational Expenses and Initial Goods Expenses)

5. “Agency(Plaintiff)” may cancel or terminate this Agreement with respect to “company(Defendant)” before completing the business entry education (five-day course), and in such cases, 30% of the total contract deposit and the primary goods used shall not be returned.

C. On July 27, 2017, the Plaintiff paid the Defendant KRW 9,20,000,000 as part of the down payment, plus KRW 8,200,000 on August 4, 2017.

On October 19, 2017, the Plaintiff notified the Defendant of the termination of the instant contract pursuant to Article 4(5) of the instant contract, and at the time, the Defendant did not either provide the Plaintiff with literacy education or pay the goods for the first time.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The party's assertion and judgment as to it

A. The gist of the parties’ assertion is clear that the instant contract was terminated by the Plaintiff’s declaration of intention of termination on October 19, 2017, and the Defendant asserts that, among KRW 9,200,00, the penalty for breach of contract under Article 5(4) of the instant contract should be refunded to the Plaintiff, KRW 5,640,00,000, which is KRW 18,800,000, shall be the penalty for breach of contract under Article 5(4) of the instant contract. Accordingly, the Plaintiff’s assertion that the penalty for breach of contract amounting to 30% of the down payment is unduly excessive, which is KRW 5,640,00,000, which is KRW 10,880,000,000.