1. The plaintiff's claim is dismissed.

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

1. Presumed factual basis

A. The Defendant is a corporation that runs a franchise business using a new name and a “new brand” while running a manufacturing business of fruits.

The plaintiff is a franchise business operator who has entered into a franchise agreement with the defendant.

B. On February 10, 2014, the Plaintiff and the Defendant concluded a franchise agreement (name B: B member store, term of contract: from March 11, 2014 to March 10, 2016; and the location of the place of business: Yangyang-si C) (hereinafter “instant franchise agreement”).

C. After concluding the instant franchise agreement, the Plaintiff paid the Defendant the sum of KRW 13,000,000,000 for the franchise fee and contract deposit.

[Ground of recognition] Facts without dispute, Gap evidence 1, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion ① The Defendant had a duty to supply the Plaintiff with a skilled article pursuant to the instant franchise agreement, but did not properly supply skilled articles.

② 또한 피고는 이 사건 가맹계약에 따라 원고에게 물품을 공급할 의무가 있는데 불량품(봉합처리가 미흡한 식빵, 빵 봉지 안에 초파리 발생, 먼지 뭍은 봉지, 카스텔라 제빵상태 불량 등)을 공급하거나 원활하게 물품 공급을 해주지 않았다.

The Plaintiff was unable to operate the store due to the Defendant’s nonperformance of such obligation and was suspended on July 27, 2014, and the franchise agreement was terminated to the Defendant on July 30, 2014, and the instant franchise agreement was terminated lawfully.

Therefore, the defendant shall return 13,00,000 won to the plaintiff. 49,50,000 won, signboard expenses, 4,000,000 won, and 22,090,000 won, and 13,348,850 won, which were paid by the plaintiff for the installation expenses of interior equipment, such as office equipment and machinery, shall be paid as damages.

In addition, the defendant did not remove the facilities owned by the defendant even after the contract of this case is terminated.