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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. On June 20, 2014, the Plaintiff entered into a joint agreement on the operation of Defendant B and ice D stores (hereinafter “joint agreement on snow ice D stores”) on the attached list. On the same day, the Plaintiff entered into a joint agreement on the operation of the Defendant C and ice E stores (Evidence A; hereinafter “joint agreement on snow ice E”); and on the same day, entered into a joint agreement on the operation of the Defendant C and ice E stores.
B. Defendant C entered into a franchise agreement with the Plaintiff on June 14, 2014 (hereinafter “Nonindicted Company”) on the boundary of ice E, and operated ice E in the F building (205 and 305) of Ilyang-gu, Manyang-si. Defendant B entered into a franchise agreement with Nonparty Company on the ice D points at the Plaintiff’s request on July 2, 2014, and operated ice D points at Goyang-gu, Manyang-si (part 201) around that time.
C. However, on December 13, 2014, Defendant C suffered damage from a fire that occurred at the snow ice E store, which caused the removal of the store, and the business was discontinued due to this.
[Ground of recognition] Evidence No. 1, Gap evidence No. 7, Eul evidence No. 16, Eul evidence No. 2, Eul evidence No. 3, the fact-finding results of this court's inquiry into the snow No. 3, the purport of the whole pleadings
2. Determination as to the Plaintiff’s claim against the Defendants
A. (i) The Plaintiff’s claim for revenues against the Defendants is obligated to distribute earnings to the Plaintiff pursuant to Article 4 of the Agreement on the Joint Projects with D Points and the Agreement on the Joint Projects with D Points. From July 24, 2014 to May 12, 2015, Defendant B is obligated to pay to the Plaintiff the total of KRW 91,280,450, and Defendant C’s profits to be distributed to the Plaintiff in relation to the operation of D points with D points with the total of KRW 91,280,450, and the profits to be distributed to the Plaintiff from June 13, 2014 to December 13, 2014, total of KRW 44,119,245, and the Plaintiff’s profits to be distributed to the Plaintiff in relation to the operation of D points with D points. Accordingly, Defendant B is obligated to pay to the Plaintiff for delay damages.
Dor. Dor.