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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. Defendant D Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a franchisor that is established for the purpose of franchise business and engages in franchise business as the brand of “E”. The Plaintiff is the franchisee of Defendant Co., Ltd. that operates E, and Defendant C is the representative internal director of the Defendant Co., Ltd., and the spouse of Defendant C.
B. 1) Defendant B’s general restaurant (hereinafter “instant store”) with the trade name “G” on the first and second floors of the building located in Songpa-gu Seoul Metropolitan Government F.
(2) On December 13, 2017, the Plaintiff operated the instant premium amounting to KRW 175,000,000 (hereinafter “the instant premium”).
(2) The transfer contract of the business acquired by transfer to another person (hereinafter “instant transfer contract”).
(2) According to the instant transfer contract, the Plaintiff fully paid KRW 175,000,000,000, the remainder payment of KRW 20,000 on December 13, 2017, and the intermediate payment of KRW 30,000,000 on December 28, 2017, and the remainder of KRW 125,00,000 on January 8, 2018, to Defendant B.
C. 1) In order to operate the instant store as the franchise business operator of “E”, the Plaintiff entered into a franchise agreement with the Defendant Company (hereinafter “instant franchise agreement”) on January 2018, to operate the instant store.
(2) The Plaintiff paid KRW 43,340,00 as the construction cost of the franchise store in the Defendant Company and KRW 4,513,383 as the goods cost.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings
2. The plaintiff's assertion is selectively asserted as follows. A.
Due to continuous leakage of claims for damages caused by tort, the Plaintiff is suffering from enormous impediment in operating the new store. Defendant B and C knew of the fact of leakage in the store of this case, but did not notify the Plaintiff thereof.