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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Defendants as the parties are married couple, and Defendant B, from around December 2004, had been running from Busan Shipping Daegu G with the trade name “Edin” (hereinafter “instant business”). Defendant C has operated “Edin I” (hereinafter “Edin I”) in Busan Shipping Daegu H.
B. The Plaintiff’s dental restaurant and franchise business acquisition (1) around November 2009, the Plaintiff acquired the instant dental restaurant from Defendant C in the amount of KRW 50 million, and Defendant C entered into a franchise agreement with Defendant B around August 2010 after transferring the instant dental restaurant, and opened and operated the “Edin Jin’s restaurant” in Busan-gun D and 104.
(2) On June 11, 2013, the Plaintiff entered into a contract with Defendant B to acquire the franchise right of “Edin” in the amount of KRW 35 million, including the trademark right of “Edin”, the recruitment of new franchise stores, and the management of existing franchise stores (hereinafter “Edin”). Around that time, the Plaintiff paid the acquisition price in full to Defendant B.
Transfer Agreement
1. The transferor (B) and the assignee (A) may cancel this contract without due process when the other party violates the provisions of this contract. In such cases, the other party shall pay the same amount as the down payment.
2. After the conclusion of this Agreement, the transferor may not carry on the same business as this Agreement. If this is to be carried on, the transferee shall pay to the transferee the amount of damages equivalent to three million won as the purchase price.
[Provided, That member stores currently in operation]
3. It does not cause any trouble to the business of a transferee by arranging all obligations, such as unpaid money, until the balance is fully paid, if any, with the existing business partner or a chain store;
(3) At the time of the instant contract, the Plaintiff and Defendant B agreed as follows: (a) at the time of the instant contract, there were four parts, including I points (Operation of the Plaintiff), J points (Operation of the Defendant C), K points, and L points.
(c).