1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. A. Around December 1, 1999, the Plaintiff entered into a franchise agreement with the Defendant for “D(D)” in the area C of Seongbuk-gu, Seongbuk-gu, Seongbuk-gu (hereinafter “instant franchise agreement”), and thereafter has renewed the agreement every year since it operated a private teaching institute.

B. The Plaintiff and the Defendant, as of December 1, 2014, drafted on November 24, 2014, “Gifted the Operational Contract for Gifted Education” (hereinafter “instant Operational Contract”) in order to renew the instant franchise store agreement. The details relating to the instant case are as follows.

Article 9 (Expenses Incurred in Executing Contracts) (3) Where the establishment of an education center is postponed and operated due to the circumstances of Eul (the plaintiff in this case; hereinafter the same shall apply) during the period of the franchise agreement after the conclusion of this contract, the expenses deposited and the expenses incurred in concluding the above contract shall not be refunded under the pretext of penalty for breach of contract and shall not be refunded even when the rights are transferred

Article 11 (Recruitment and Management of Members, Business Area, etc.) (2) Membership recruitment and operation of the Education Center shall be limited to only the location of the building determined at the time this contract is concluded, and the area under its jurisdiction shall be separately designated.

However, Eul may engage in activities necessary for the field business within his/her jurisdiction, but if a circumstance occurs that may affect Eul's business activities, such as competition with other franchise education centers of Gap (the defendant in this case; hereinafter the same shall apply), it shall accept Gap's arbitration.

Article 17 (Effect of Termination or Termination of Contract) (3) When this contract is terminated or terminated, B shall faithfully transfer all the matters necessary for the interest of members, such as the study of the management institute and the status of teaching materials expenses, to the branch of the Party or the Education Center designated by A.

C. On November 28, 2014, the Plaintiff paid KRW 3 million to the Defendant on December 1, 2014 for the renewal of the franchise agreement. D.

On the other hand, the plaintiff made a transfer agreement with the defendant on March 25, 2015.