The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

가. 원고는 프랜차이즈 가맹업과 일반음식점업 등을 목적으로 설립된 법인으로서 ‘D’이라는 영업표지를 사용하여 찜닭 음식점 가맹사업을 하고 있다.

B. On January 11, 2017, the Plaintiff and Defendant C entered into a franchise agreement (hereinafter “instant franchise agreement”) containing the following contents, which would start the Plaintiff’s franchise store and operate for a period of two years at the store located in Daegu Northern-gu E (hereinafter “instant store”). The name of the franchise store in the franchise agreement: F store name: F store name: Defendant C8 (Business Area) ① (Business Area) and (1) shall be 500 meters in radius, and the zone specified in attached Table 2 shall prevail.

Article 35 (Prohibition of Confidentiality and Competitive Business) (4) "B" is prohibited from engaging in the same kind of business or engaging in the same kind of franchise business in the same business area for one year after the termination of the contract with "A".

Article 38 (Compensation for Damages) Where Article 35 (Confidentiality Confidentiality and Confidentiality Prohibition Obligation) and Article 34 (Termination of Contracts and Measures therefor) (5) are violated during the contract period or after the termination of the contract, the penalty penalty for breach of contract shall be imposed in the amount of KRW 40 million, where the contract is unilaterally terminated or suspended during the middle of the contract, or where the name of the business operator is changed to a person other than “B” without the approval of “A”, the penalty for breach of contract shall be paid to “A.”

In such cases, the interest in arrears or liability for damage of "B" prescribed in the individual provisions shall not be extinguished.

Attached 2 Business Area “B” shall be as follows:

- It is the road name address of the instant store in G.

C. On October 15, 2018, Defendant C expressed to the Plaintiff the intent to terminate the instant franchise agreement due to personal circumstances, and around that time, the instant franchise agreement terminated by agreement.

Defendant C, as Defendant C’s children, applied for the trademark “I” as of H date, and operated “K interest store” at the store located in the Seogu, Seogu, Daegu.

(e).