1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

1. Basic facts

A. On June 18, 2010, the Plaintiff entered into the instant franchise agreement with the Defendant, who operates a mutual convenience store called “C” (hereinafter “instant franchise agreement”).

Article 24 (Remittance of Sales Funds) (1) The plaintiff shall transfer daily gross sales and price reduction incentives, purchase incentives, and other miscellaneous revenues received by the plaintiff to the defendant through the bank deposit account accounts designated by the defendant or through a person designated by the defendant.

(2) “Transfer of daily sales” is supported by the Defendant’s credit, not money that the Plaintiff may freely dispose of, as a result of the Defendant’s permission and cooperation, and thus, the Plaintiff shall not notify the Defendant in advance and appropriate it for the payment of expenses not approved or for the voluntary consumption.

If the plaintiff neglects his/her duty of remittance without any justifiable reason, he/she shall pay the additional dues for delay of remittance of KRW 10,000 per day of delay to the plaintiff, and the calculation of the number of days of delay shall be based on the addition (6).

Article 63 (Matters Related to Rights to Use and Profit from Store) (1) The lessee of the store operated by the Plaintiff through this contract shall not have any rights related to the lease of the store in the period of the transfer of the Plaintiff to the Defendant.

② If the terms and conditions of the above store leased by the Defendant increase, the Plaintiff and the Defendant shall bear the amount equivalent to the monthly profit sharing ratio for the increase.

Provided, That if the deposit is increased, the defendant shall pay the amount corresponding to the lessor, and the plaintiff shall pay the amount equivalent to his/her profit distribution rate among the raised portion in the amount equivalent to 3% of the CD interest rate every month.

The method of calculating the penalty for delay of transfer;

1. In the case of a delayed remittance of the entire amount of sales, one million won per two million won per two million won per one million won per day the balance of the unaccompanied amount of remittance of the previous amount of remittance of the estimated amount of remittance of the previous amount of remittance shall be one million won per day.