계약금반환
1. The plaintiff's appeal and each conjunctive claim added by this court are all dismissed.
2. After an appeal is filed.
1. Basic facts
A. In order to operate a coffee franchise company as a franchise store, the Defendant paid 88 million won premium to K Company around January 2015, and acquired F Kafbook located on the seventh floor in Incheon Bupyeong-gu E-gu, Incheon.
B. On January 27, 2015, the Plaintiff and the Defendant: (a) granted the Plaintiff the right to operate a franchise store; and accordingly, (b) concluded a business comprehensive transfer agreement with the Plaintiff (hereinafter “instant franchise agreement”); and (c) concluded on January 29, 2015, with the content that the Plaintiff comprehensively transferred all the rights and obligations with respect to the instant car page owned by the Defendant to the Plaintiff and that the Plaintiff takes over them (hereinafter “instant franchise agreement”).
C. Of the instant franchise agreement, the part related to the instant case is as listed in attached Table 1, and the part related to the instant case among the agreement on the transfer and takeover of business of the instant case is listed in attached Table 2.
On January 29, 2015, the Plaintiff paid KRW 11 million for the first franchise fee under the instant franchise agreement, KRW 5 million for the contract performance guarantee, and KRW 150 million for the transfer of rights under the instant franchise agreement, and KRW 167 million for the total amount of KRW 150 million for the transfer of rights under the instant franchise agreement.
E. After receiving the above money from the Plaintiff, the Defendant performed remodeling construction to change the existing “F” car page into D car page. The Defendant, including machinery equipment and kitchen equipment used in D car page, kitchen equipment, and kitchen supplies, had a chair, a consignee, a signboard, etc.
In addition, the defendant's wife and mother have the plaintiff's wife and mother complete the franchise education at the H point.
F. However, around February 24, 2015, the Plaintiff was unable to enter into a lease agreement with L Co., Ltd. (hereinafter “G”) under the Plaintiff’s name due to the Plaintiff’s circumstances, and requested the Defendant to enter into a lease agreement on behalf of the Plaintiff. Accordingly, the Defendant was G on March 3, 2015.