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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. The plaintiff is a company running franchise business using the business mark "E", and the defendants are married couple.
B. On June 14, 2016, the Plaintiff appears to have entered into a franchise agreement with Defendant B or the Defendants jointly with the Plaintiff.
Between departments, franchise agreements were concluded in relation to the management of the “E Young-gu” (hereinafter “instant store”) located in Young-gu, Suwon-gu, Suwon-si, and the main contents thereof are as follows:
1. The purpose of this contract is to establish and operate an E store in accordance with the quality standards and business methods required by the Plaintiff using the Plaintiff’s brand E trademark, service mark, trade name, signboard, etc., and the franchise business system and E image, which are the Plaintiff’s brand, and to determine the rights and obligations arising from franchise business between the Plaintiff and the Defendants, such as providing support for the use of business marks, management, business activities, etc., and providing educational fees.
2. The validity of this Agreement shall enter into force at the time of conclusion, and the Defendants shall acquire the status of the franchisees on the date of commencement of the store business, and shall lose their status on the date this Agreement is terminated.
Article 1 Agreement between the Plaintiff and the Defendants agree to establish franchise relations for the E business as follows:
① The Plaintiff permits the Defendants to operate an E store based on the uniform franchise system and image, while offering guidance, assistance, and services through the E franchise business system after starting the business.
(2) In order to become a franchisee, the Defendants shall complete the education determined by the Plaintiff and obtain recognition of the qualification, and run E member stores based on the Plaintiff’s permission, management guidance, and support, and shall pay a certain amount of consideration to the Plaintiff.
Article 3. Status of Contracting Parties