1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On July 1, 2008, the Plaintiff and the Defendant entered into a franchise agreement with the Plaintiff to operate “C” trademarks and franchise business (hereinafter “instant franchise business”) with the Defendant’s “C” system to operate the “C” store specializing in delivery, and the main contents thereof are as follows:

- Store location: Pyeongtaek-si D (area 49.5 square meters, 15 square meters): Contract period: from July 1, 2008 to June 30, 201, the special agreement is entered into - From June 30, 201: the plaintiff must move to a store of at least 40 square meters from June 30, 2009; the contract is automatically terminated if the contract is not implemented.

B. On June 30, 2009, the Plaintiff transferred a store to a store with the area of 81 square meters located in the first floor of the G Building in Pyeongtaek-si E, and operated the said store by changing the trade name of the store to a “H store” (hereinafter “instant store”).

C. On July 1, 2011, when the contract term of the above franchise store contract expires, the Plaintiff and the Defendant concluded a new franchise agreement to continue to operate the instant store (hereinafter “instant contract”). The key contents are as follows.

Article 5 (EXPENSE) (2) The Plaintiff shall deposit at the same time as this contract is entered into with a view to guaranteeing the payment guarantee of food materials and expendable goods provided by the Defendant, and as a result to guaranteeing the Plaintiff’s obligations that may arise in the future, an amount of KRW 25 million per annum, and the interest on this deposit shall be deemed not to exist.

Deposit under this subsection shall be returned upon termination of the contract with the Plaintiff.

Provided, That the goods security deposit under this subsection shall always be maintained despite the offset of default and interest in arrears, etc. during the contract period.

(4) In order to share advertising expenses incurred in advertising the brand image and product advertising conducted under the defendant's overall control, the plaintiff shall share advertising contributions of KRW 43,00 (Additional Tax) x 43,00 (Additional Tax) on a monthly basis from the commencement date of business.