The judgment of the first instance shall be revoked.

The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

purport.

1. Basic facts

A. From June 2014, C had operated a restaurant with the recipient and the beer as the trademark “E” from the Yangcheon-gu Seoul Metropolitan Government D1st to the trademark of “E” (hereinafter “E”), and was engaged in soliciting three affiliated stores in Yeongdeungpo-gu Office stores, door stores, etc. other than this, and the Defendant entered into a franchise agreement with C around July 2017, and operated E et al.

B. On September 12, 2017, the Plaintiff proposed that the purpose of the franchise franchise franchise franchise membership recruitment, general restaurant operation, and franchise sales business be a company; C, which is an owner of the E’s trademark, operate a franchise business using the trademark of “E” several times; and on September 12, 2017, the Plaintiff agreed on matters necessary for the franchise business operation with C (hereinafter “instant agreement”); and the main contents of the agreement are as follows.

A(hereinafter referred to as “C”) shall be affiliated with “B” (hereinafter referred to as “Plaintiff”), and annual salary shall be in principle in accordance with the labor contract and shall be in accordance with the bylaws of the company as determined by “B.”

B In principle, Eul shall recognize that 3% of the sales commission incurred in four stores currently in operation under the management of Gap (o tree intersection, village store, Yeongdeungpo-gu store, Yeongdeungpo-gu store, and door store) is Gap and the method of payment accordingly shall be paid according to mutual agreement.

The payment period shall be determined for one year after the completion of the contract, and shall be adjusted at the later mutual consultation.

B shall pay Gap 30% of its net profit, excluding all the expenses, from the profits accrued from the process of the franchise business.

Provided, That the direct management store shall be excluded.

In principle, the contract shall be maintained during the period of service to which A belongs, and this contract shall be terminated when A retires for any other reason.

C. On September 15, 2017, after the conclusion of the instant agreement, the Plaintiff entered into a franchise agreement with the Defendant, who had already been recruited as a franchise store and had already been managed by C, to enter into the instant agreement.