1. Of the judgment of the first instance court, KRW 14,359,550 against the Plaintiff and its related thereto, from August 5, 2015 to October 6, 2016.

1. Basic facts

A. The Plaintiff is a franchisor that engages in franchise business that sells Boschurros with the trade name called "Accentua".

The defendant is a chain store operator who operates Accenture Accenta B.

B. On April 2015, the Plaintiff and the Defendant signed a written estimate on the cost of opening a franchise store, and thereafter, the Defendant’s store installed a kitchen device, etc. at the Defendant’s franchise store.

C. The Defendant paid to the Plaintiff KRW 10 million on April 15, 2015, KRW 10 million on May 25, 2015, KRW 20 million on a total of KRW 20 million.

The Plaintiff supplied the Defendant with goods for the franchise store business from May 28, 2015, and the Defendant commenced the franchise store business around that time.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, 3, and 5 (including branch numbers), the purport of the whole pleadings

2. The parties' assertion

A. The Defendant established Accenta Accent Accent Accent Accent Accent to be supplied with the goods from the Plaintiff. As such, the Plaintiff is obligated to pay the Plaintiff the amount of KRW 9,475,00, which remains after deducting the unpaid amount of KRW 20,00,00,000 from the cost of opening the sales floor, KRW 1,250,000 for private goods, KRW 1,250,00 for private goods, and KRW 4,894,150 for goods and delay damages.

B. The Defendant was supplied with the franchise store goods under the condition that the franchise agreement was entered into with the Plaintiff. Since the franchise agreement was not entered into due to the Plaintiff’s failure to repair the defects of the signboards on which leakage occurred and claims for overlapping the amount of goods, the Defendant is not obliged to pay

3. Determination

(a) "Franchising business" under Article 2 of the Act on Fair Transactions in Franchise Business as to whether to enter into a franchise agreement, means a franchisor’s use of his/her own trade mark, service mark, trade name, signboard, or other business marks to sell goods (including raw materials and absentee materials) or services in accordance with certain quality standards or business methods, as well as the management and operation thereof.