1. The plaintiff's appeal is dismissed.

2. Upon the plaintiff's conjunctive claim added by this court, the defendant.

1. Basic facts

A. The Plaintiff was in a de facto marital relationship with C from around 2012 to early 2017, and the Defendant is C’s friendship.

B. On April 2, 2010, the Plaintiff entered into the instant franchise agreement with D Co., Ltd. (hereinafter “instant franchise agreement”), and on April 15, 2010, registered the Plaintiff’s mother’s business under the name of E, and operated the F Building and H in G “H” (hereinafter “instant franchise agreement”).

C. From the beginning of the beginning of 2012, the Plaintiff: (a) had been entrusted with the operation of the instant store to I who is a partner of C; (b) on June 26, 2012, I registered the instant store; and (c) on June 30, 2012, E closed the instant store’s business registration.

From December 2012, the Defendant began to operate the instant store. On April 8, 2014, the Defendant entered into a contract with the J to transfer the instant store business to KRW 115,000,000 for premium and KRW 15,000 for lease deposit, and around August 2014, the Defendant transferred the instant store business to the J.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 8, 15, Eul evidence 1, 2, 6, 13, 15, and 16, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1) The Plaintiff merely left the Defendant with the operation of the instant store, and did not transfer the said store business. The Defendant was obligated to pay the Plaintiff the remaining amount of KRW 40,000,000,000 for the transfer price, even though he did not have the right to dispose of the said store’s business to a third party. Thus, the Plaintiff is obligated to return the amount to the Plaintiff. 2) Even if the Plaintiff had finally transferred the instant store’s business to the Defendant (hereinafter “the instant transfer of business”), the Defendant paid only KRW 15,40,000,000 out of the transfer price of the instant store (hereinafter “the instant transfer price”). Thus, the Defendant is obligated to pay the Plaintiff the remaining amount of the transfer of business, 46,000,000 won, and delay damages.

In addition, the defendant shall raise an objection.