1. All of the plaintiff's claims are dismissed.

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

1. Basic facts

A. Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a company engaged in food materials wholesale and retail business and chain restaurant business. Defendant B is a shareholder of the Defendant Co., Ltd. and an intra-company director, and Defendant D and a couple.

Defendant D operates a franchise with a trade name “E”.

B. On March 26, 2015, the Plaintiff entered into a prior contract with the Defendant Company to enter into the instant franchise store agreement (hereinafter “the instant franchise store”). On April 3, 2015, the Plaintiff entered into a franchise agreement with Defendant D (E) as the franchisor (hereinafter “instant franchise agreement”) and paid KRW 350 million to the Defendant Company at the expense of opening the instant franchise store.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion is a person who actually operates the Defendant Company and the Defendant D through the Defendant Company, and the instant franchise agreement was concluded by deceiving the Plaintiff by guaranteeing sales of more than KRW 100 million per month at the instant franchise store and providing false franchise information. As a result, the Plaintiff incurred not only the Plaintiff incurred losses in paying expenses for the establishment of the instant franchise store, lease deposit, brokerage fee, etc., but also incurred losses in destroying food materials supplied by the Defendant Company due to inappropriate management by its employees.

Therefore, Defendant B is liable to compensate the Plaintiff for the above damages pursuant to Article 750 of the Civil Act, and Defendant D is liable to compensate the Plaintiff for the damages according to the instant franchise agreement as joint tortfeasor pursuant to Article 760 of the Civil Act, as joint tortfeasor, and Defendant D is the E’s business owner.

B. According to the statements in Gap's evidence Nos. 8, 11-6, 7, and 9, and witness G's testimony, if the defendant Eul provided false or exaggerated information to the plaintiff, the sales of KRW 100 million per month by G, an employee of the defendant company, to the plaintiff.