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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Facts of recognition;
A. On April 16, 2013, the Plaintiff and the Defendant entered into a contract (hereinafter “instant contract”) with respect to Cranchising regional goodwill, role, etc. (hereinafter “instant goodwill”) operated by the Defendant. Article 4 of the said contract provides that the ratio of profit distribution shall be “20% of Seoul head office, A (Defendant) 40%, and B (Plaintiff) 40%,” and Article 5 [Conditions and Period of Contract](1) provides that “The amount shall be the amount which is not returned to the head office, and shall be the amount which is not returned.”
B. On April 24, 2013, the Plaintiff transferred KRW 70,000 to the Defendant under the instant contract.
C. On May 1, 2013, the Plaintiff recruited a 1 member shop in Ulsan District, which was in a situation where the Plaintiff was unable to continue to conduct the business in Ulsan District due to the Plaintiff’s circumstances, and thereafter, talks with the Defendant. On June 11, 2013, the Defendant entered into a contract for the transfer of the right to manage the Ulsan District, which was owned by the Defendant, to D and B, to transfer the right to manage the Ulsan District to KRW 290 million.
The Defendant remitted to the Plaintiff KRW 5 million on July 31, 2013, KRW 5 million on August 6, 2013, KRW 5 million on August 6, 2013, KRW 5 million on August 8, 2013, KRW 70 million on August 23, 2013, and KRW 5 million on August 23, 2013.
E. On June 30, 2015, the Plaintiff asserted against the Defendant that the Plaintiff should return KRW 70 million remaining after subtracting the amount of KRW 140 million paid by the Plaintiff from the amount of KRW 140 million that the Defendant received while transferring the instant goodwill to B, and filed the instant lawsuit.
【Ground of recognition】 The non-contentious facts, entries in Gap evidence 2, 3, 4, and 8, and the purport of the whole pleadings
2. Summary of the parties' arguments
A. The summary of the Plaintiff’s assertion 1) The Plaintiff received the instant goodwill solely from the Defendant. The Plaintiff received the transfer proceeds of the instant goodwill from the Defendant. The Plaintiff’s transfer proceeds of KRW 140 million ( KRW 70 million paid by the Plaintiff).