1. Of the judgment of the court of first instance, the part against the Defendant (Counterclaim Plaintiff) that exceeds the following order for payment.

1. Basic facts

A. On May 21, 2014, the Plaintiff operating the sales store of ice water, etc. under the trade name “C” entered into a contract with the Defendant for the operation of the said C Daejeon Chungcheong Branch Office (hereinafter “instant branch contract”).

The relevant provisions of the branch contract of this case are as follows.

Article 8 [Franchising Expenses] (1) The defendant shall deposit KRW 60,000 (excluding value-added tax) with the financial institution designated by the plaintiff as a deposit for the safety of continuous transaction contracts.

Provided, That the deposit shall be deducted from the remaining amount of debt at the time of termination of the contract of the branch, and shall be refunded to the branch office.

(3) The franchise fee under paragraph (1) shall not be refunded to the Defendant after the contract of a branch, in consideration of the fact that the Defendant received from the Plaintiff the right to establish and manage the “C” in the relevant region.

(4) If the franchise under paragraph (1) is not deposited even after one month has passed since the conclusion of this contract, the plaintiff may cancel the franchise agreement.

6. A franchise fee generated under the instant branch contract may guarantee the Defendant’s right to the establishment and business of “C” during the contract period, and such amount shall expire upon the expiration of the contract period.

Provided, That where a contract is terminated pursuant to the provisions of Article 21 (Cancellation and Termination of Contracts) even during the term of the contract, such contract shall be terminated immediately.

Article 10 [Period of Contract and Renewal of Contract] (1) Contract period shall be three years from the date of conclusion of contract.

Article 11 [franchises] ① 50% of the franchise fee incurred within the region in which the defendant's branch offices are operated shall be paid to the defendant by the plaintiff.

Article 11-2 [Roti] ① The plaintiff shall pay 1% of the royalties 2% received from the franchise store to the financial institution designated by the defendant.

Article 11-3 (Expenses and Planning and Management Expenses) (1) The defendant shall provide education necessary for the operation of the franchise store when the defendant opens the franchise store in the business area.