1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On October 26, 2010, A Co., Ltd. (hereinafter “Rehabilitation Company”) entered into a branch contract with the Defendant to invite the Defendant to chain stores and shop owners in Seoul and Gyeonggi areas.

(hereinafter referred to as "instant branch contract"). (b)

1) Around March 23, 2011, the rehabilitation company is a franchise agreement (hereinafter referred to as “instant franchise agreement”) between D and D recruited by the Defendant as a franchise business operator to run the “A” trademark of D and coffee products of the rehabilitation company (hereinafter referred to as “AE”).

(2) Around November 2011, D filed an application for dispute mediation with the Franchise Business Transaction Dispute Mediation Council to the effect that D would pay KRW 125,900,000 to the rehabilitation company for the cancellation of a contract, provision of false or exaggerated information, and restitution for damages caused by deception or other illegal acts to its original state following the cancellation of a contract.

3) On February 28, 2012, the rehabilitation company and D agreed to pay KRW 15,000,000 to D with respect to the above application for dispute mediation. According to the above agreement, the rehabilitation company paid KRW 15,00,000 to D. In addition, on July 11, 2011, the rehabilitation company paid KRW 15,00,000 to D. Around July 1, 201, the rehabilitation company entered into a provisional contract for the operation of coffee store (hereinafter referred to as the “instant provisional contract”).

(D) A contract deposit was concluded by G and received KRW 40,000,000 from G. Meanwhile, on June 5, 2013, the rehabilitation company commenced rehabilitation proceedings by Busan District Court 2013 Gohap12, and the Plaintiff was appointed as a custodian of the rehabilitation company on the same day, and on April 23, 2014, the rehabilitation company was decided to authorize the rehabilitation plan on April 23, 2014.

2. The plaintiff's assertion

A. In relation to the instant franchise agreement, the Defendant bears the authority and responsibility as a branch office in accordance with the instant franchise agreement and written agreement, and the recruitment of policyholders, provision of information, preparation of contracts, and follow-up management, etc.