가. 원고는 2016. 7. 20. 고양시 덕양구 D건물 제1층 제101호에 있는 홈플러스익스프레스 E점(이하 ‘이 사건 매장’이라 한다) 내에서 'F‘라는 상호로 떡볶이 등을 판매하는 점포를 운영하기 위하여 위 상호로 가맹사업을 하는 피고 주식회사 B(이하 ’피고 회사‘라 한다)와 가맹계약(이하 ’이 사건 가맹계약‘이라 한다)을 체결하였다.

B. The scheduled opening date of the instant franchise agreement is September 30, 2016, and the Plaintiff paid KRW 30 million to the Defendant Company as down payment pursuant to the instant franchise agreement (i.e., KRW 5 million on July 20, 2016).

The Plaintiff paid the down payment by way of remitting it to the account in the name of Defendant C, a representative director G, to the account in the name of Defendant C.

C. At the time of the conclusion of the instant franchise agreement, the auction procedure commenced on December 14, 2015, upon the application for voluntary auction by the Korea Deposit Insurance Corporation of Yong-Nam Savings Bank Co., Ltd. for the instant store was in progress.

The Plaintiff did not enter into a lease agreement on the store portion to be used by the Plaintiff in the instant franchise agreement with the Home Pusers Co., Ltd. (former Samsung Titco Co., Ltd., hereinafter “The Home Pusco”) by September 30, 2016, as set by the scheduled date of opening the instant franchise agreement.

Ultimately, even at the time of filing the instant lawsuit, the Plaintiff could not open the business with the Defendant’s trade name in the instant store.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Judgment on the main claim

A. At the time of the instant franchise agreement, the Defendant Company did not notify the Plaintiff of the fact that the voluntary auction for the instant store was in progress.

The above facts are very important factors to determine whether to conclude the instant franchise agreement, and the Defendant Company is the Plaintiff under the good faith principle.