1. The judgment of the first instance, including the Plaintiff-Counterclaim Defendant’s principal claim expanded by this court, is as follows.

The main lawsuit and counterclaim shall be examined together.

Basic Facts

On March 3, 2017, the Plaintiff concluded the following franchise agreements (hereinafter referred to as “instant franchise agreement”) with the Defendant who operates a franchise headquarters for the food service business (hereinafter referred to as “C”).

(1) The term of the contract: Before March 3, 2017 to March 2, 2019, the name of Sheet store: C (hereinafter referred to as “instant franchise store”): (11,00,000 won and franchise fees: 11,00,000 won: According to the instant franchise agreement, the Defendant, as a franchisor, is obligated to support all business activities, such as business support, education, public relations, materials supply, and store interior interior works, which are necessary for the establishment and operation of the instant franchise store; and (b) the Plaintiff is obligated to pay franchise and educational expenses accordingly.

The Plaintiff paid the Defendant KRW 22,00,000,000 in total, as the name of 11,000,000 and educational expenses.

The franchise store of this case started business around April 15, 2017.

On April 19, 2017, the Plaintiff notified the Defendant that “the Defendant would terminate the instant franchise agreement and claim damages if the Defendant did not correct the violation of the instant franchise agreement, such as delay of interior works, voluntary supply of interior equipment, etc. within two weeks, failure to provide education, etc.”

On May 2, 2017, the Defendant, upon receipt of such notification, notified the Plaintiff that “the Defendant shall pay the penalty stipulated in Article 37(5) of the instant franchise agreement to the Defendant in order for the Plaintiff to unilaterally terminate the instant franchise agreement.” On May 4, 2017, the Plaintiff notified the Defendant that “The instant franchise agreement will be terminated on the grounds of the Defendant’s breach of contract, such as the failure of education,” which reads to the effect that “the Plaintiff shall terminate the instant franchise agreement on the grounds of the Defendant’s breach of contract.”

The plaintiff on November 2017.