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

Purport of claim and appeal

1..

A. The Defendants are persons engaged in wholesale and franchise business in the trade name of “E”.

B. From February 2018, the Plaintiff decided to conduct food truck business with the trade name “E” using his/her own vehicle, and remitted the total amount of KRW 2.5 million to Defendant D on February 13, 2018, KRW 100,000,000,000 on March 14, 2018, and KRW 3.5 million.

[Ground of recognition] A without dispute, entry of Gap evidence No. 4, purport of whole pleadings

2. The parties' assertion

A. Plaintiff 1) entered into a franchise agreement with the Defendants on “E”. The Defendants, despite having no intention or ability to support the Plaintiff to sell and operate the EM new, a food truck from the beginning, acquired KRW 3.5 million under the name of the franchise. The Defendants did not perform their duties under the franchise agreement, such as where the Plaintiff did not properly inform the Plaintiff of the necessary lebs after the conclusion of the said franchise agreement.

The plaintiff cancelled the above franchise agreement by serving the copy of the complaint of this case on the grounds of the defendants' default. Thus, the defendants are liable to pay 3.5 million won, which is the amount equivalent to the franchise, to the plaintiff as compensation for damages incurred thereby.

B. The Plaintiff and the Defendants did not enter into a franchise agreement with the Defendants, and KRW 3.5 million paid by the Plaintiff was the price for the offering of ideas and educational expenses for the type of business of food trucks. The Defendants provided all the education promised to the Plaintiff.

3. Determination

A. As seen earlier, the fact that the Plaintiff paid KRW 3.5 million to Defendant D as to the conclusion of the franchise agreement, but the following circumstances, which are acknowledged by the overall purport of the entries and arguments in the evidence No. 4, namely, that the franchise agreement was not prepared between the Plaintiff and the Defendants, and that the Plaintiff obtained the franchise agreement with Defendant B on the premise that the franchise agreement was entered into, and the Defendant B filed a criminal complaint.