1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Determination as to the cause of claim

A. 1) The Plaintiff is a company with the same business registration under the trade name “D” on June 30, 2007, while running a restaurant in Gwangju Metropolitan City, while running a restaurant in Gwangju Metropolitan City.

hereinafter referred to as “C”

On January 2, 2007, the Plaintiff participated in the business explanation meeting and participated in the business explanation meeting from the Defendant, the representative director of C. 2) On February 2, 2007, the Plaintiff concluded a distribution contract (the execution of the actual contract was made by E, along with the Defendant, on behalf of the Defendant) with respect to the exclusive business rights of the items in F-building and selective item transfer of F-building, KRW 20 million, monthly, KRW 800,000,000,000 general franchise, KRW 5,000,000,000,000 won, total goods cost, KRW 5,000,000,000,000,000 won, and KRW 6,000,000,000 in the account under the name of the Defendant’s account as of June 2, 207 (hereinafter “instant franchise contract”).

3) However, the Plaintiff: (a) determined that the financial standing of C is difficult and there is no feasibility, and (b) requested C to terminate the instant franchise agreement and return the franchise fee orally to C; and (c) paid KRW 3 million to the Plaintiff on September 21, 2007; (b) the Defendant confirmed the Plaintiff on September 21, 2007 that “The franchise wife C will pay KRW 57 million to the Plaintiff by October 7, 2007, with the certificate of the personal seal impression issued by the Defendant.” (c) The Defendant: (d) completed the franchise agreement and the deposit agreement, stating that “The franchise wife C will pay KRW 57 million to the Plaintiff by not later than October 7, 2007.”

5. Meanwhile, investors who have entered into a investment contract with C have from November 2007.