The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. The Plaintiff is a corporation that is engaged in the food service industry consulting business, food manufacturing and distribution business, etc., and is engaged in the franchise business (hereinafter “instant business”). The Plaintiff’s representative director D is a trademark holder who has filed a trademark registration (hereinafter “instant trademark”), and the Defendant is a corporation that engages in food store recruitment and transportation business, restaurant franchise business, etc.

B. On December 5, 2018, the Plaintiff agreed to transfer part of the instant trademark rights and the instant business rights to KRW 100 million between the Defendant and the Defendant, and entered into a contract with the following terms (hereinafter “instant contract”), and transferred the instant trademark rights to the Defendant on December 21, 2018.

Article 2 Operational Rules

3. The defendant is also in exclusive charge of the overall business of brand franchise business, namely, recruitment of franchise stores, establishment, education, open support, business guidance, logistics, etc., and existing brand franchise stores shall also be managed.

Provided, That only one main office of D and five direct openings (representative: plaintiff or D) shall be supervised by the plaintiff and D.

6. The Defendant must manufacture to the Plaintiff, and supply to the franchise stores using the Plaintiff’s order system, as well as to the pre-existing & new franchise stores, and at the later time C derivative brand stores, all brand stores supervised by the Defendant.

The novels newly developed by the defendant for the operation of franchises are also manufactured and supplied exclusively by the plaintiff.

Article 3 The plaintiff and C chain system were sold in accordance with the principle of brand operation of the plaintiff (the plaintiff and D) but the brand was transferred as part of the joint business (the products and supply rights between 20 years and 20 years). As such, the defendant must fulfill his responsibilities and duties as a brand manager acquired by the defendant. Since the defendant's successful duties are maintained, close cooperative relationship between the plaintiff and D is essential.

Therefore, the first two years after the contract enters into force.