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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
A. The Defendant is a franchisor that engages in franchise business with the business mark called “C” as a company established for general restaurant business and franchise business. On August 15, 2018, the Plaintiff entered into a franchise agreement with the Defendant (hereinafter “instant franchise agreement”), and was a franchisee who opened and operated the “Ceropo station” (hereinafter “instant franchise store”) and closed on June 17, 2019.
B. At the time of the conclusion of the instant franchise agreement, the Plaintiff signed a letter of confirmation on the fact that “the Defendant complied with the relevant provisions of the Fair Transactions in Franchise Business Act (hereinafter “Franchising Business Act”), such as the obligation to provide information disclosure statement in advance, and the contract should proceed, but the Plaintiff’s prompt conclusion of the contract and the request for open of the store earlier. As such, the Plaintiff is running a franchise agreement due to the Plaintiff’s prompt conclusion of the contract and the request for open of the store, and issued it to the Defendant.”
[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, 2, Eul evidence 2, the purport of the whole pleadings
2. Summary of the plaintiff's assertion
A. The Defendant asserting a violation of the Franchise Business Act: ① violation of Article 7(1) and (3) of the Franchise Business Act; ② violation of Article 6-5 of the Franchise Business Act by directly receiving franchise fees to the depository without having the Plaintiff deposit them by not later than 14 days prior to the execution of the franchise agreement; ③ violation of Article 11 of the Franchise Business Act by failing to provide a franchise agreement before the execution of the franchise agreement; ④ violation of Article 7(2) of the Franchise Business Act by providing false and exaggerated information on future earnings; ⑤ violation of Article 9(1) of the Franchise Business Act by providing false and exaggerated information on the status of neighboring member stores; and ⑤ violation of Article 9(1) and (6) of the Franchise Business Act by providing