1. The plaintiff's claim is dismissed.

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

Basic Facts

On December 9, 2015, the Plaintiff entered into a franchise agreement with the Defendant, a franchisee, to obtain the franchise license from the franchise store operation right of the franchise store from the franchise store of the franchise store from the franchise store.

(hereinafter referred to as “instant franchise agreement”). The main contents of the instant franchise agreement are as follows: Defendant and B: Plaintiff 2 (Definition 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 permission for the use of intellectual property rights, such as business marks, and for support in 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 7 (Written Notice) (1) In the absence of any separate provision, notification, approval, etc. as a declaration of intent made by A and B under this Agreement shall be made in writing.

(2) No declaration of intention in writing under paragraph (1) shall take effect against the other party unless there is a special reason to the contrary.

Article 11 (Franchis Fees) ① In return for the grant of the franchise license through this Agreement, B shall pay A a daily franchise fee of KRW 0,000 (excluding surtax) at the date of conclusion of the contract. In principle, B shall not refund money of the nature of the down payment after the conclusion of the contract.

On December 9, 2015, the Plaintiff paid KRW 208,230,00 (hereinafter “instant franchise”) to the Defendant, including the franchise amount, retainers, part payments, etc. in accordance with the instant franchise agreement.