1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On January 11, 2013, the Plaintiff operating a food-service franchise business under the trade name of “C” entered into a franchise agreement with the Defendant to operate the “Cmmju Gold Village” (hereinafter “instant franchise agreement”). The details are as follows.

(hereinafter referred to as the “instant franchise agreement”). Article 2 (Change of Trademark, Trade Name) Headquarters shall allow a chain store to use the trademark and trade name owned by the headquarters, and it shall not apply to the extent that the headquarters does not approve in its use.

Article 4 (Payment of Price) A franchise store shall pay 1.5% of the total monthly sales to the headquarters as the royalty group.

Provided, That when the monthly sales is less than 1.20 million won, the payment date of the royalty free payment for the relevant month shall be the last day of each month, and shall be deposited into the bank account designated by the headquarters.

Article 6 (Prohibition, etc. of Transfer of Rights) No chain store shall change its name without approval of the headquarters, and shall transfer its rights determined in this Agreement to a third party or provide them as security.

Article 22 (Duty A (Plaintiffs' Obligations): He/she shall transfer Gap's know-how to 100% in cooperation with the defendant (the defendant) in order to increase the sales of chain stores and attract single-one customer.

He/she shall supply competitive meat so that he/she may yield maximum profits to B by making it possible to yield the maximum profits.

B's duty: He/she shall actively endeavor not to damage the image of the head office after receiving 100% of Gap's actual know-how and actively reflecting it in the operation of the franchise store.

B For any reason, Eul should not use land which is not provided by Gap.

If the violation is committed, the penalty shall be paid for the amount of monthly sales on the business day and the termination of the contract.

Article 23 (Penalty) A shall pay A the highest monthly sales as of the business day to A as penalty when he/she voluntarily changes his/her trade name without being changed during the contract period, and when he/she does not comply with the payment specified above, he/she shall be provided with goods voluntarily different from the land as specified above.

B. The defendant of this case.