1. The plaintiff's claim is dismissed.

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

Plaintiff’s assertion

On September 23, 2011, the Defendant did not register the business of C head office, and did not have the substance of the franchise art institute, and did not have the capacity to operate the franchise business. On September 23, 2011, the Defendant presented as if he operated the business for a period of about one year to the Plaintiff, and breached the obligation under the good faith principle to explain the business and provide accurate information, and violated Articles 4 and 9(1) of the Fair Transactions in Franchise Business Act (hereinafter “FF business Act”).

As can be seen, the Plaintiff entered into a franchise agreement with the Defendant based on the Defendant’s false information, and paid KRW 63,716,114, manufacturing cost of C signboard, etc., KRW 5,456,00, and KRW 605,00,00 for the removal cost of signboards, etc. following the termination of the franchise agreement. As such, the Defendant is obligated to pay the Plaintiff damages for the tort as above, KRW 78,77,114, and damages for delay.

Judgment

According to the evidence evidence evidence Nos. 2 through 10, the Plaintiff and the Defendant entered into C franchise agreement on September 24, 201, and the Plaintiff paid KRW 63,716,114 to the Defendant from October 4, 2011 to November 15, 2011, the Plaintiff paid KRW 4,460,00 as the cost of the C signboard construction of the Jeju Center, the Plaintiff applied for the termination of the C franchise agreement on September 10, 2012, and the termination of the said franchise agreement on October 10, 2012, the Plaintiff paid KRW 30,000,000 as the duty to remove signboards upon termination of the contract. Meanwhile, the Plaintiff and the Defendant, as the duty to cancel the franchise agreement, could have acknowledged the fact that the Plaintiff’s trademark was registered as CF’s business on October 4, 2011.