beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a company operating ice ice and food beverage franchise, such as smuggling, coffee, etc., with the trade name “D,” and Defendant B is a director of the Defendant Co., Ltd.
B. On May 4, 2015, the Plaintiff and the Defendant Company concluded a franchise agreement with the effect that the Plaintiff participated in the Defendant Company’s “D” franchise business (hereinafter “instant franchise business”) and is granted E stores’ franchise license (hereinafter “instant franchise agreement”). On June 30, 2015, the Plaintiff commenced the operation of the said E store (hereinafter “instant franchise store”).
C. On January 8, 2018, the Plaintiff agreed to terminate a lease agreement on the said store as of January 31, 2018, between the non-party SPE (hereinafter “SSE”) that leased the store of this case to the Plaintiff, and the Plaintiff agreed to return the said store to SPE, by February 11, 2018, and pay 7.4 million won as penalty for termination of the contract. The Plaintiff closed the said franchise store thereafter.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 3, 11, the purport of the whole pleadings
2. Determination as to the cause of action
A. The summary of the Plaintiff’s assertion is that the daily sales volume of the instant franchise store would be KRW 30-4 million, and the monthly sales volume would be KRW 200-25 million, and the ratio of the distribution cost (the cost of food materials and various equipment to be purchased from the Defendant Company) to the total sales volume would maintain 30%, by providing false or exaggerated information, etc. In violation of the Fair Transactions in Franchise Business Act (hereinafter “Franchis Business Act”), thereby committing a tort. Accordingly, the Defendants committed a tort in violation of the Fair Transactions in Franchise Business Act (hereinafter “Franchis Business Act”), including providing the Plaintiff with false or exaggerated information. The amount is equivalent to KRW 33,582,48, and the amount is equivalent to KRW 32 million, franchise fees paid by the Plaintiff to the Defendant Company.