1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On June 27, 2017, the Plaintiff entered into a business agreement (hereinafter “instant contract”) with the Defendant operating franchise, that takes exclusive charge of the franchise business of “C” from July 1, 2017 to June 30, 2019, with respect to marketing and establishment of franchise stores, and that receives incentives, down payment, etc. as follows.

Article 3 (Centers)

4. The Defendant shall pay the down payment to the Plaintiff for the term of the contract “this contract” under the exclusive title of the franchise business (franchising business) and the exclusive title of the “franchising ties” or

(Provided, 50 per cent of the down payment shall apply to the panel set up of the headquarters every month in 2017 only for 30 cases/2018 where at least 50 cases, and the total sum of the headquarters set up shall be determined by mutual agreement between the defendant and the plaintiff) (1) July 2017.

(2) On the 01st day of July 1, 2017 to December 31, 2017, KRW 2,000,000 (AT Map) shall be paid in advance on the 01st day of each month.

(Provided, from July 2017 to December 31, 2017, 50% shall be paid if the establishment of a new franchise or a conversion start-up franchise does not exceed one case, and 50% unpaid at the time of establishment of at least 10 new franchise or conversion start-up franchise by December 31, 2017 shall be paid within 3 days. (3) On January 1, 2018 to December 31, 2018, 3,000 won (VAT separate) shall be paid in advance on the first day of each month.

(Provided, from January 2018 to December 31, 2018, 50% shall be paid if the establishment of a new franchise or a conversion start-up franchise does not exceed two cases per month, and 50% unpaid at the time of the establishment of at least 36 new franchise or conversion start-up franchise or conversion start-up franchise by December 31, 2018 shall be paid within three days.) (Provided, That this includes expenses for business activities in Seoul, Incheon, City, and Gyeonggi-do (including oil supply expenses, Tol, food preparation expenses, hosting expenses, parking expenses, and competition store starting-up food expenses).

B. The Plaintiff created D and discussed E’s work with the Defendant. Although the Plaintiff opened the F business start-up EXPO on July 27, 2017 and the G briefing on August 9, 2017, there was no number of new franchises and converted start-up franchises.