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1.The judgment of the first instance shall be modified as follows:
(1) The Defendant (Counterclaim Plaintiff) is the Plaintiff (Counterclaim Defendant) A, KRW 410,416, and KRW 416.
Reasons
1. The facts below the underlying facts do not conflict between the parties, or are acknowledged on the video images of the evidence Nos. 1-1, 2, 3, 11, 14, and 15 of the evidence No. 1-1, 24, 25, and 26, taking into account the overall purport of the pleadings.
[1] The defendant is a franchiser that engages in franchise business of the trademark "D".
Plaintiff
A, on February 12, 2013, entered into a franchise agreement between the Defendant and the Seoul Special Metropolitan City, Nowon-gu, the location of the franchise store (hereinafter referred to as “E store”) and the period from February 12, 2013 to February 11, 2015.
Plaintiff
A paid 5,000,000 won for franchise, 2,000,000 for educational expenses, and 3,500,000 for promotional expenses at the time of the conclusion of the above contract, and deposited 5,00,000 won for deposit.
Plaintiff
B On August 30, 2012, with respect to the foregoing franchise business, the Defendant entered into a franchise agreement with the Seocho-gu Seoul Metropolitan Government I Underground Store (hereinafter “G store”) with the location of the store and the period from August 24, 2012 to August 23, 2014.
Plaintiff
B At the time of the conclusion of the above contract, the Defendant paid KRW 5,00,000, educational expenses of KRW 2,000,000, and KRW 14,000,00,00 and KRW 3,00,000 for promotional expenses, and deposited KRW 5,00,000 for deposit.
Plaintiff
C On January 5, 2013, the Defendant and the Defendant entered into a franchise agreement between the Mapo-gu Seoul Mapo-guJ (hereinafter “H store”) with respect to the foregoing franchise business with the location of the store and the period from January 5, 2013 to January 4, 2015.
Plaintiff
C At the time of the conclusion of the above contract, C paid 5,00,000 won for franchise, 2,000,000 won for educational expenses, and 1,00,000 won for premium, and deposited 5,00,000 won for franchise to the Defendant.
(2) The term “instant franchise agreement” refers to the foregoing franchise agreement entered into by the Plaintiffs, and when called by each Plaintiff, “E” franchise agreement, “G store franchise agreement,” “H store franchise agreement,” / [2] Plaintiff A notifies the Defendant of the termination of the instant franchise agreement on October 2013, and suspends its operation, and the same store is called “K”.