1. The Defendant shall pay 70 million won to the Plaintiff and 15% per annum from June 12, 2018 to the date of complete payment.

1. Around September 2017, the Plaintiff entered into a franchise agreement with “Co., Ltd. (a personal entity, other than a de facto corporation)” (a private entity) that uses the Internet Kuphone settlement system, and paid KRW 70 million at the expense of the Plaintiff. The fact that the said franchise agreement was concluded by a special agreement at the time that did not return the franchise fee (hereinafter “instant franchise agreement”) does not conflict between the parties, or that the agreement was entered into with “Co., Ltd. (a private entity, other than a de facto corporation)” (hereinafter “instant franchise agreement”).

2. The parties' assertion

A. The Plaintiff asserted that the Plaintiff demanded the Defendant to cancel the instant franchise agreement and return the franchise fee on the ground that “a repetitive error occurs in the instant settlement system, and the payment is not made properly,” and the Defendant consented thereto.

Therefore, the defendant is obligated to return the franchise fee of KRW 70 million to the plaintiff.

B. The defendant's assertion that he/she did not agree to the cancellation of the contract of this case and the request for the return of the franchise fee. However, it is only the purport that he/she would cancel the contract with the plaintiff and return money if the contract of this case was concluded with another intention

3. Determination

A. In full view of the following circumstances revealed through the evidence and the purport of the entire arguments submitted by the Plaintiff and the Defendant, it is reasonable to view that the Defendant, in response to the Plaintiff’s cancellation of the instant franchise agreement and the request for the refund of the franchise fee,

1) The Plaintiff appears to have reached a considerable close range, such as respect to the Defendant of the Pyeongtaek, etc., frequently giving and receiving DNA messages, and appears to have concluded the instant franchise agreement on the basis of such a kind of relationship. The instant franchise agreement is ultimately a cash exchange for the remainder after deducting certain fees from the franchise stores recruited by the Plaintiff when the customer makes payment, such as purchase of goods.