1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On January 12, 2018, the Defendant filed an application for commencement of rehabilitation procedures with the Seoul Rehabilitation Court 2018 Ma10008, and received a decision on commencement of rehabilitation procedures on January 25, 2018. C, a representative director of the United States, was deemed a custodian pursuant to Article 74(4) of the Debtor Rehabilitation and Bankruptcy Act. On October 11, 2018, the said rehabilitation procedures were completed and the Defendant taken over the instant litigation procedures.

(hereinafter referred to as the “Defendant”) without distinguishing between the decision to commence the rehabilitation procedure and the decision to commence the rehabilitation procedure in this case.

The defendant is a franchisor that runs a franchise business in the trade name of “B.”

On March 10, 2017, the Defendant provided the Plaintiff with the franchise disclosure statement under Article 7(1) of the Fair Transactions in Franchise Business Act (hereinafter “Franchising Business Act”).

C. On March 31, 2017, the Plaintiff entered into a franchise agreement (hereinafter “instant agreement”) with the Defendant to operate “B Kim Innovationdo” (hereinafter “instant franchise store”) in Kimcheon-si, Kimcheon-si, and on the same day, the Plaintiff entered into a franchise agreement with the Defendant to request the Defendant to supply the franchise store facilities and receive the franchise facility facilities from the Defendant pursuant to Article 11 of the instant agreement.

Of the instant contracts, the part relating to the instant case is as follows.

Article 9 (Public Educational Expenses and Contract Bond before Point of Opening, and Credit Guarantee) ① The Plaintiff shall pay the Defendant KRW 10,000,000 for the pre-point educational expenses in consultation with the Defendant after the conclusion of this contract, and if the contract is terminated within the contract period, the pre-point educational expenses shall be refunded in full if the education is terminated before the commencement of the education based on whether the education was commenced, and if the education is terminated after the commencement of the education, it shall not

② The Plaintiff shall pay the Defendant the contract deposit amounting to five million won in consultation with the Defendant after the conclusion of this contract.