A. In addition to businesses under the “C cafeteria” franchise agreement concluded with the Plaintiff on October 23, 2011, the Plaintiff and the Plaintiff on December 18, 2015.

A. The Plaintiff is a company established for the purpose of running franchise business, etc., and is a franchisor that runs a franchise business for swine and a franchising restaurant using the trade name "Ccafeteria."

B. On October 23, 2011, the Plaintiff entered into a franchise agreement (hereinafter “instant franchise agreement”) with the Defendant, whereby the Defendant becomes the Plaintiff’s franchise business operator and the Defendant would establish and operate a “C cafeteriasan-dong store” at the Goyang-si D (hereinafter “instant place of business”) from December 19, 2011 to December 18, 2013.

C. Article 19(3) of the instant franchise agreement provides that “The Defendant shall not operate the same kind of business as the Plaintiff’s business in the name of the Defendant or a third party without the Plaintiff’s consent or consent during the contract period.”

On December 18, 2013, the Defendant sent F (the representative director of the Plaintiff) a Kakao Stockholm message to the effect that “I would not conclude a re-contract.” The Defendant changed the trade name around that time to Ecafeteria, and is running a swine restaurant in the instant business place until now.

[Reasons for Recognition] A without dispute, Gap evidence Nos. 1-3, Eul evidence No. 3, the purport of the whole pleadings

2. The parties' assertion

A. The gist of the Plaintiff’s assertion did not notify the Defendant of the “not to renew the instant franchise agreement” by December 18, 2013, which was 90 days prior to the expiration date of the instant franchise agreement, and the Defendant did not notify the Plaintiff of the “Objection to Renewal” by December 18, 2013.

Therefore, Article 13(4) and Article 13(4) of the Fair Transactions in Franchise Business Act (hereinafter “Franchising Business Act”) (4) does not notify the franchisor of the refusal under paragraph (3) or notify the franchisee of the fact that the franchise agreement does not renew the terms and conditions between 180 and 90 days before the expiration of the franchise agreement.