1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

Basic Facts

The defendant is a company that leases, manages, and operates the first floor coffee and convenience facilities underground floor among the main pipes of the E Hospital building located in Seocho-gu Seoul Metropolitan Government (hereinafter referred to as the "instant building") owned by the school foundation B (hereinafter referred to as the "B").

The Plaintiff is a franchisor that runs a franchise business by granting franchisees the right to run a franchise store using business marks, such as the trademark, trade name, and business system of “F” and paying the price therefor.

On October 4, 2013, the Plaintiff attached Form among convenience facilities for the first floor underground of the instant building from the Defendant.

1. A lease agreement was concluded with the content that a portion of 288 square meters in the ship connected in sequence 1, 2, 3, 4, and 1 of the drawings (hereinafter “instant store”) was leased from October 4, 2013 to September 30, 2016, with a lease deposit of KRW 150 million, monthly rent of KRW 150 million (excluding value-added tax), and KRW 23 percent (Provided, That by one year from the date of the contract, at least KRW 23 million per month, and at least KRW 25 million per month thereafter) of the lease period.

(hereinafter “instant lease agreement”). On October 11, 2010, the Plaintiff entered into a franchise agreement with I to operate a franchise store with the term “member store: J store: from October 11, 2010 to September 30, 2016,” and concluded a sublease contract with the term “from October 11, 2010 to September 30, 2016, with respect to the instant store as of the same day, from October 11, 2013 to September 30, 2016, the amount of sublease deposit KRW 150 million, and the amount of sublease monthly sales (excluding value-added tax) of 23% (Provided, That the minimum rent is KRW 25 million) of the monthly rent (excluding value-added tax).

I operated a restaurant "F" (hereinafter referred to as the "F") at the instant store from November 11, 2013 to the point of view, and from the beginning of the operation thereof, X-typeper (hereinafter referred to as the "public relations facility of this case") with the content of promoting the restaurant of this case among the public relations facilities of the first floor below the building of this case from the time of the operation thereof. The part of the "G Pucot" in the attached Form of Fdcot within convenience facilities of the first floor below the building of this case.