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1. The plaintiff's additional selective claims are all dismissed in this court.
2. The expenses after the appeal has been filed.
Reasons
1. The Plaintiff filed a claim against the Defendant for the return of agreed amount, refund of franchise fees, and compensation for damages for tort, and thus, the Plaintiff claimed a larger amount of the agreed amount, 510,507,083 won and damages for delay. The first instance court dismissed the Plaintiff’s claim on the ground that the said amount the Plaintiff sought was clearly specified as the claim for acquisition price under the instant agreement by the instant complaint only on the ground that the said amount was clearly specified as the claim for acquisition price under the instant agreement.
Accordingly, the purport of the appeal is limited to KRW 376,783,353, which is the amount of compensation for damages caused by a tort while only the plaintiff appealed, and the decision on the refund of franchise fees and the claim for damages caused by a tort is sought, while the appellate court withdraws the claim based on the agreement on the first date for pleading, so the subject of the trial is limited to the refund of franchise fees and the claim
2. Basic facts
A. The defendant is a franchise business operator who has developed a business mark "C", a domain new and artificial design, recruits franchise business operators to support their management, business activities, etc. on the basis thereof, and receives subscription fees, educational expenses, royalties, etc.
B. On December 4, 2015, the Plaintiff entered into the instant franchise agreement with the Defendant to operate the G points in the building located in Gangdong-gu D (hereinafter “instant franchise agreement”). On the other hand, the Plaintiff leased the said store and started G stores in accordance with the instant franchise agreement from January 2016, after completing the interior work.
C. On April 1, 2016, the Plaintiff: “The Plaintiff shall cancel or terminate the instant franchise agreement on the grounds of the Defendant’s false and exaggerated information, unfair trade practices, and nonperformance of the interior contract. Accordingly, the Defendant shall pay the Plaintiff KRW 155 million for the interior cost and KRW 20 million for the performance bond and other damages immediately.”