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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
On October 31, 2015, the Plaintiff entered into a contract to establish a branch office with the Defendant to pay a prescribed franchise fee to the Defendant in order to conduct the business of conducting auction education, etc., and to provide the Defendant with necessary education and management consulting services. The main contents are as follows:
(A) No. 2, hereinafter referred to as “instant contract”). B Agreement for the Establishment of branch offices
1. The objective of this Agreement sets out the rights and obligations of “A (the Defendant)” and “B” in the course of engaging in the establishment and education of the branch offices B.
2. The relationship between “A” and “B” are the branches of “A” or the legal relationship between “B”. 2) The “B” as the branch of “A”, with independent business rights, has its own business rights and profits.
(hereinafter omitted)
3. “A”’s duty of care 1) In the event that “B” performs all the obligations agreed upon, the duty of care 1) is fulfilled with the fiduciary duty of care in providing necessary education and management consulting to enable “B” to independently manage. 2) Management, public relations and education, “B” education is performed with the fiduciary duty of care in providing general know-how regarding the establishment and operation of the branch office, and the management, public relations and education of “A”, such as delivery of auction program know-how existing at the time of subscription, delivery of auction consulting know-how, public relations and marketing know-how education.
3) When the provision of teaching materials and the improvement of the same program, “A” shall supply teaching materials for the implementation of the educational project of “B” and provide additional education for the improvement of the same educational program. 4. The obligations of “B” are as follows: (i) the obligation of “B” is KRW 115 million per day, and the obligation of paying franchise costs is as a matter of principle KRW 11.5 million; and (ii) the obligation of paying franchise costs is to be paid in full immediately. The franchise cost is transferred to “A” until the establishment of “B.”