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

Purport of claim and appeal

The first instance court.

A. On July 11, 2012, the Plaintiff entered into the instant franchise agreement and notified the termination thereof (hereinafter “instant franchise agreement”) to participate as a franchise store using the business mark “D” with a two-year contract term fixed between B and B (hereinafter “instant franchise agreement”).

B) Around July 4, 2012, B entered into a company with the trade name “F of a stock company” (hereinafter “non-party company”) and took office as a representative director on July 9, 2012, and C assumed office as a director of the non-party company.

3) On August 2, 2012, Nonparty Company notified the Plaintiff of the fact that the franchisor was converted into a corporation and succeeded to the rights and obligations under the instant franchise agreement. 4) The Plaintiff was operating the “D” franchise (E) and notified on December 10, 2013 that the instant franchise agreement was terminated on the ground that the Nonparty Company failed to properly manage the franchise store, and that it was seeking refund of the franchise fee, penalty, and compensation for damages.

B. B (1) On March 31, 2014, upon filing an application for rehabilitation plan with the Seoul Central District Court 2014 Ma73, the rehabilitation plan was authorized on October 7, 2014. (2) C filed an application for rehabilitation plan on March 26, 2014 with the Seoul Central District Court 2014Ma99, and obtained the rehabilitation plan approval order on November 10, 2014.

3) The Plaintiff did not report rehabilitation claims in each of the above rehabilitation procedures with respect to B and C, and the Plaintiff’s claims were not entered in the list of rehabilitation creditors. [The Plaintiff’s claims are not entered in the list of rehabilitation creditors (the fact that there is no dispute over the grounds for recognition, the entries in the evidence No. 1-2, No. 1-2, No. 2-4, No. 1-2

2. The parties' assertion

A. The Plaintiff’s assertion 1 B and C provided false information, such as withdrawing expected sales without providing an information disclosure statement, while entering into the instant franchise agreement, and while the Plaintiff operated the franchise store.