손해배상
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
가. 원고는 2011. 3. 2. 피고(변경전 상호 차일드케어인터내셔날 주식회사, 2013. 1. 1. 주식회사 열정과 배려로 상호 변경)와 피고가 운영하는 ‘짬뽕늬우스’라는 상호의 식당 가맹점으로 참여하여 B을 운영하기로 하는 내용의 가맹계약(이하 ‘이 사건 가맹점 계약’이라 한다)을 체결하였다.
B. On March 2, 2011, the Plaintiff leased the Daegu Jung-gu Seoul Heavy District and operated B at the same place from that time.
[Evidence Evidence] Facts without dispute, Gap evidence Nos. 1 through 3, the purport of the whole pleadings
2. Determination on the cause of the claim
A. According to the Plaintiff’s assertion franchise agreement, the Defendant neglected to educate and educate the Plaintiff or his employees so that the Plaintiff can efficiently operate a franchise store, but neglected to educate the Plaintiff or his employees of other cooking methods than the Defendant’s Merogate, thereby allowing them to go off in a restaurant which is not good for customers.
In addition, in relation to the selection of the location of the business store, the defendant belonging to the plaintiff as a good store with a business district of at least 15,000,000 won per month that is located in the above B, and caused the plaintiff to pay a large amount of premium and rent the above place. However, although the monthly average sales of the above B are merely KRW 7,00,000,000 per month, it led the plaintiff to KRW 6,00,000 per month average.
Therefore, the Defendant did not operate the instant franchise store between March 14, 201 and July 15, 2012, without operating the instant franchise store between March 14, 2011 and July 15, 2012.