1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff succeeding intervenor KRW 20,000,000 and this shall apply.

1. Basic facts

A. The defendant is the representative director of D Co., Ltd. (hereinafter “D”) who operates franchise business, etc.

B. Around June 2012, the Plaintiff consulted on the franchise agreement between the Defendant and D, a franchise store, and transferred KRW 1 million to the Defendant on July 13, 2012 as the cost of consultation on the opening of a franchise site and a franchise store.

C. On October 30, 2012, the Plaintiff remitted KRW 20 million to the Defendant (hereinafter “instant claim”), and there is dispute between the parties as follows as to the cause of transfer.

On the other hand, on May 15, 2014, the Plaintiff transferred to the Intervenor succeeding to the Plaintiff both the instant claim against the Defendant and the damages for delay thereof, and notified the Defendant of the assignment of the claim on May 16, 2014, and around that time the notification was delivered to the Defendant.

【Reasons for Recognition】 Each entry of evidence Nos. 1, 2, 910, and the purport of the whole pleadings

2. Determination as to the cause of claim

A. The plaintiff 1) only entered into a franchise branch contract with the defendant, and did not enter into a franchise franchise franchise contract. The plaintiff received the money from the defendant to transfer the money to the defendant after purchasing 20 million won of temeat machinery and equipment necessary to operate the franchise franchise franchise store in advance. However, the plaintiff's completion of the building that the plaintiff decided to establish the franchise store was delayed, the store's use was limited, and the franchise did not operate the franchise store contract with the defendant, and thus the plaintiff did not enter into the above money. 2) The defendant and the defendant demanded the return of the money to the defendant, since the plaintiff entered into the contract with the Busan branch and the antenna shop contract with the plaintiff and received 20 million won of the cost of establishment from the plaintiff, and the plaintiff unilaterally received 20 million won of the cost of establishment from the plaintiff, the plaintiff cannot accept the plaintiff's request for the return of the above money.