1. The plaintiff's claim is dismissed.

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

1. The party's assertion that the plaintiff concluded a franchise agreement with the defendant on the equipped range points C and operated the 7th store at 3th place during the course of operation. The defendant did not comply with the recommendation for the operation of the 6th place that the plaintiff promised at the time of the above 6th place contract and the succession to the above 3th point as the above 6th place. Thus, the plaintiff's above 59,877,715 won obligations against the defendant against the defendant do not exist.

With regard to the termination of franchise agreement on the above B, the defendant brought a lawsuit against the plaintiff for the payment of 1,277,715 won and damages for delay under the name of compensation, etc. by the court 2014dadada870928, and won in favor of the defendant. Since the judgment became final and conclusive, the plaintiff's claim in this case shall be dismissed in conflict with the res judicata.

2. The res judicata does not allow a subsequent suit identical to the subject matter of a prior suit in which the judgment in the previous suit is res judicata. At the same time, even if the subject matter of a prior suit is not the same as the subject matter of a prior suit in the previous suit, if the judgment in the previous suit is prior to or contradictory to the judgment in the previous suit, the subsequent suit does not allow any assertion different from the judgment in the previous suit.

(see, e.g., Supreme Court Decision 2000Da47361, Dec. 27, 2002). Moreover, res judicata of a final and conclusive judgment extends to all the means of attack and defense in a lawsuit between the same parties, in which the parties have asserted or could have claimed, or could be claimed, before the closing of argument. However, res judicata is interrupted only when a new ground arises after the closing of argument.

(see, e.g., Supreme Court Decision 91Da24847, Oct. 27, 1992). According to the purport of the entire statements and arguments, the Defendant’s statement of health class Nos. 91, 1, 2, and 3 (including household numbers) as to the instant case.