1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff runs a franchise business with the trade name “D” as a company established for the purpose of chain store franchise business.

B. Around May 2018, the Defendant entered into a franchise agreement with the Plaintiff to open “G stores” to the F Hotel located in the Dong-gu, Busan (hereinafter “instant franchise agreement”).

C. The main contents of the instant franchise agreement are as follows. The Plaintiff (hereinafter referred to as “A”) and the Defendant (hereinafter referred to as “B”) of the franchisee (hereinafter referred to as “B”) shall closely examine each of the provisions listed in the instant franchise agreement and enter into aD franchise agreement as follows.

Part II Preparation for Opening (Matters concerning the initial franchise fee and deposit) (1) A is not paid to B a franchise fee (11,00,000 won) according to the standards for the franchise disclosure statement at the time of the initial franchise agreement.

(2) Eul shall pay educational expenses prior to the opening of a franchise disclosure statement in return for the education and training for the whole points of the opening.

Article 9 (Pre-Opening Education and Training) (1) B (including assignees and commissioned or entrusted operators) shall complete education and training programs prior to the opening points determined by A for the efficient operation of franchise stores as D franchise stores.

Article 10 (Facilities of Franchisees) (1) In order for A to maintain the unity and originality of the whole franchise business by no later than the opening date of the franchise store, B shall maintain the interior equipment and signboards, purchase equipment, purchase other goods, and installation, etc. of POS (hereinafter referred to as “franchise equipment”) at its own expense through a verification and examination conducted by A in accordance with the standards presented by B through an information disclosure statement, etc.

Article 13 (Payment of Authorization, Permission and Early Investment Funds and Penalty) (3) In order to implement Articles 8 through 12, Eul shall pay the amount to be paid to Gap according to the method of payment of the price [Attachment 2].

At this time, where the cancellation before the opening is requested by the unilateral change of B, A shall be made to B.