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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff is a company that operates the franchise business for the entrusted operation of the Seongbuk-gu, “C” (a service for lending posters space to customers is provided and operated in a manner that collects a certain fee from customers). The Defendant is the franchise owner.
B. The actual operator of the Plaintiff Company is D, on the other hand, D and E (the Defendant’s children) are doctors as follow-up officers of the Ulsan University’s Medical College.
C. On April 1, 2012, the Plaintiff and the Defendant entered into a franchise agreement with the Plaintiff’s employees and the Defendant’s attending the Defendant E with respect to the F Points (hereinafter “instant franchise store” or “instant franchise agreement”), and the main contents of the instant franchise agreement are as follows.
(A) The Plaintiff, who is a franchise business operator, indicated the Plaintiff as “A”, and the Defendant as the franchise store owner, “B”. The security deposit: “B” shall be paid to “A” as the contract performance bond in the amount of KRW 20 million.
(6) Monthly Fees: “B” shall pay 20% of the monthly operating income to “A” as the fees for entrusted operation.
(Article 7(6). However, in terms of liability for entrusted operation, the term "A" shall implement a responsible management system under which the final profit derived from deducting various expenses from the sales is exempted from the sales is less than 7% of the investment of "B".
(Paragraph 7). (d)
The instant franchise store was managed by the Plaintiff’s employees and accounting management, and the part-time employees employed by the Defendant were in charge of secondary affairs, such as pre-contract management, customer service, and facility management.
E. From April 1, 2012 when the instant chain store commenced business, to February 2, 2016, one year (from August 1, 2012 to July 2013) from among three years and eight months from which the instant lawsuit was brought, the instant chain store was transferred from the Defendant’s passbook account to the Plaintiff’s passbook account by KRW 1.65 million per month, but the Defendant did not pay all the money to the Plaintiff except for that.
F. Meanwhile, D is the Plaintiff Company.