1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On December 1, 2010, C entered into a franchise agreement with the Korea Nicesaw Co., Ltd. with a term of contract from December 24, 2010 to December 23, 2016 and transferred the right to operate the above convenience store to the Plaintiff around May 201 while operating the Nicesaw convenience store in Jinjin-si E (hereinafter “instant convenience store”). After, C transferred the above right to operate the convenience store to the Defendant on August 1, 2013.

B. While the Defendant was operating the instant convenience store, on February 1, 2014, transferred the instant convenience store operation right to F, and F was suspended on September 15, 2014 while operating the convenience store.

[Ground of recognition] Facts without dispute, Gap evidence 7, Eul evidence 1, Eul evidence 1, witness C and F's testimony, the purport of the whole pleadings

2. The parties' assertion

A. At the time of acquisition of the right to operate the instant convenience store, the Plaintiff told that the head office should be liable for penalty if the period of contract is not longer than six years from the D when the Plaintiff acquired the right to operate the instant convenience store, and the Defendant was aware that the Plaintiff or D should compensate for damages if the Defendant ceased to operate the convenience store in the middle through C, while taking over the right to operate the instant convenience store, and thus, the Defendant is obligated under an agreement that does not suspend the operation of the instant convenience store to the Plaintiff, and thus, the Defendant is obliged not to bear the liability for compensation for damages arising from the early termination

The Defendant violated this, and thus, the convenience store was suspended on September 15, 2014, and accordingly, C had no choice but to have the obligation to pay a penalty to the Plaintiff, thereby operating the convenience store in this case on behalf of the Defendant, from September 16, 2014 to March 31, 2015. The Defendant asserts that the Plaintiff is liable to compensate the Plaintiff for damages equivalent to KRW 23,50,871, which remains after deducting KRW 4,867,129, which was paid by the Plaintiff from the head office from the labor cost of KRW 34,478,00 for the said period.

B. The defendant.