1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

1. Basic facts

가. 피고는 ‘C’라는 영업표지로 뷔페식 무한리필 즉석떡볶이 프랜차이즈사업 을 운영하는 회사로 가맹사업거래의 공정화에 관한 법률의 적용을 받는 가맹본부이다.

B. On October 10, 2016, the Plaintiff leased the Geumcheon-gu, Seoul, and the first floor F of the E-building (hereinafter “instant store”) from the lessor L to the end of 50 million won, monthly rent, and from November 10, 2016 to November 9, 2018, the lessee is responsible for preserving the original form of the leased object until the expiration of the lease period, and the lessee is responsible for repairing the leased object at the lessee’s expense when it is destroyed during the lease period. However, the lessee’s failure in the old facility that is not responsible for the lessee is repaired by the lessor.

C. After that, on October 16, 2016, the Plaintiff and the Defendant entered into a C franchise agreement (hereinafter “instant franchise agreement”) with the Defendant, and the term of the instant franchise agreement was set from October 16, 2016 to October 15, 2018, and the term of the contract was set as from October 16, 2016 to October 15, 2018. Meanwhile, the interior of the instant store was the Defendant’s construction, and the A/S period was set as one year, and the Plaintiff agreed to pay the Defendant a franchise fee of KRW 101,200,000,000,000, including value-added tax, at KRW 9,452,000,000 for the aggregate of the expenses under the following title as the franchise fee.

(1) A franchise: 10 million won:

D. The store of this case is a multi-story structure, and the above multi-story structure was installed by the lessee of the store of this case, and the defendant is on the first floor and the second floor (total 34 square meters).