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1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.
2. The Plaintiff (Counterclaim Defendant) is KRW 3,500,000,000 against the Defendant (Counterclaim Plaintiff).
Reasons
1. Basic facts
A. The Plaintiff is a business entity that allows franchisees to use his/her own business mark "C" to run Internet learning programs, provides them with support for and training on business management, business activities, etc., and in return, receives franchise fees and provides franchisees with a license to run a franchise store. Article 2 subparagraph 2 of the Fair Transactions in Franchise Business Act (hereinafter "Franchising Business Act"), and the Plaintiff's representative director is D.
B. On November 10, 201, the Defendant concluded a franchise agreement with the Plaintiff and ① paid KRW 5,000,000 for the contract amount. ② On the same day, the Defendant concluded a franchise agreement with CF branch on the same day, and paid KRW 11,10,000 for the contract amount by December 16, 201, and ③ on November 18, 201, concluded a franchise agreement with the Plaintiff, but paid KRW 1,800,000 for the contract amount to KRW 9,60,000 for the contract amount.
The main contents of each of the above franchise agreements shall be as specified in attached Form.
C. The Defendant sent to the Plaintiff a content-certified mail demanding the return of the amount already paid on the grounds of “influence of information disclosure statement” and “providing false or exaggerated information.” On January 3, 2011, the Plaintiff received the said content-certified mail.
Article 7 (2) of the Franchise Business Act by entering into a franchise agreement or receiving a franchise fee without providing a prospective franchisee with an information disclosure statement from September 17, 2008 to June 15, 201, and Article 7 (2) of the Franchise Business Act; (2) with regard to future profits from carbags, etc. from the business explanation meeting from September 17, 2008 to June 15, 201; and (3) with regard to the number of existing franchise stores on the website from July 10 to December 26, 201, by providing prospective franchisees with false or exaggerated information about the number of existing franchise stores on the website from July 10 to December 26, 201.