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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Counterclaim Plaintiff.
Reasons
1. Basic facts (applicable for recognition: Fact that there is no dispute, Gap evidence 1 through 5, 11 (including additional numbers), Eul evidence 1, the obvious facts of this court, and the purport of the whole pleadings);
A. On March 18, 2015, the LAB Co., Ltd. (hereinafter referred to as “SAB”) established “D” datum after setting the deposit amount to 137,084,610 won, and 15% of the monthly sales of the rent, from the KF department store in Seoul Special Metropolitan City, Nowon-gu, to 9 stories above the ground datum of the NF department store in Nowon-gu (hereinafter referred to as “instant store”) from the LAE to the franchisor operating the franchise business.
B. On October 31, 2015, the Plaintiff concluded a franchise agreement to extend the period from March 18, 2015 to January 31, 2018 with respect to the instant store (hereinafter “instant franchise agreement”) with the Nonparty Company: (a) set the deposit to KRW 137,084,610, and KRW 15% of the monthly net sales of rent (excluding value-added tax); and (b) to transfer business rights, house fixtures, etc. to KRW 300 million (hereinafter “the instant sublease agreement”); and (c) to extend the period from November 1, 2015 to October 31, 2016, and thereafter to pay KRW 300 million to the Nonparty Company.
C. On November 7, 2015, the Plaintiff: (a) entrusted the management of the instant store to Nonparty Company and the instant store until January 31, 2018; and (b) concluded a management consignment agreement that requires payment of 2% of the monthly sales by royalties (hereinafter “instant consignment agreement”); and (c) agreed on the cost-bearing under Article 7 of the Agreement (hereinafter “instant clause”).
Since then, the Plaintiff had renewed the instant franchise agreement with the non-party company. From January 2018, the Plaintiff consulted on the renewal of the instant consignment agreement, and around February 22, 2018, the Plaintiff requested the non-party company to pay KRW 363,240,254 of the difference between the labor cost and the royalties incurred by the Plaintiff on the ground that labor cost incurred by the non-party company was borne by the non-party company.
However, the non-party company on March 5, 2018.