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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On June 16, 2016, the Plaintiff entered into a franchise agreement to operate the PC name store (hereinafter “instant franchise agreement”) (hereinafter “instant franchise agreement”) and paid KRW 220,907,50 (hereinafter “instant franchise agreement”) to the Defendant under Article 13 of the said franchise agreement at the cost of interior decorations, facilities, and various equipment, etc. necessary to operate the instant franchise store. The main contents of the instant franchise agreement are as follows. The Defendant (hereinafter “F”) and the Plaintiff (hereinafter “B”) concluded a franchise agreement to participate in the PC franchise and to make best efforts to operate the franchise business based on mutual trust and understanding, and concluded the agreement to fully review the following:
Article 2 (Definitions of Terms)
4. The term "franchise fee" means any money paid to A in return for granting A's franchise license to run a franchise store, for granting permission for the use of intellectual property rights, such as business marks, and for supporting management for the opening of a franchise store;
Article 6 (Independence of Parties to the Contract) ① and B are independent business operators, respectively, and Eul is not the agent, partner, employee, assistant, etc. of Gap, and Eul has no authority to represent Gap.
(3) Eul shall verify that no form A has been guaranteed for profit or success in any form.
(4) Eul shall run a franchise store at the responsibility and expense of Eul and settle disputes, etc. between consumers at the responsibility and expense of Eul.
Article 9 (Contract Period) Contract Period A and B shall be two years from the date of conclusion of the contract.