1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On January 30, 2009, A entered into a five-year franchise franchise agreement (hereinafter “instant franchise agreement”) with respect to the stores B of convenience stores operated by the Plaintiff (hereinafter “instant stores”).

B. On August 18, 2009, the Defendant and the Plaintiff entered into a guarantee insurance contract for the performance of KRW 50,000,000 (hereinafter “instant insurance contract”) with the insured and the insurance period from August 24, 2009 to January 30, 2014 by providing a guarantee for the payment of damages under the instant franchise agreement, with the content of the guarantee for the payment of damages.

C. On July 21, 2011, A filed an application for dispute mediation with the Korea Fair Trade Mediation Agency for the termination of the instant franchise agreement with the Plaintiff, and on August 30, 2011, A filed a lawsuit against the Plaintiff for damages due to non-performance of the contract termination agreement (Yincheon District Court 201Da213310).

After September 20, 201, A withdrawn the application for dispute mediation to the Korea Fair Trade Mediation Agency, and withdrawn the lawsuit on September 27, 2011.

On November 3, 2011, the Korea Fair Trade Mediation Agency terminated the mediation procedure between A and the Plaintiff.

E. On December 8, 2011, A reported the closure of the tobacco retail store with respect to the instant store. On December 16, 201, A closed the instant store on December 23, 201 after the business operation of the instant store was completed.

F. On December 20, 2013, the Plaintiff claimed insurance money to the Defendant on the ground that there was an outstanding amount due to A’s termination of the instant franchise agreement.

However, on March 12, 2014, the Defendant sent to the Plaintiff notice of termination of the review of payment of insurance proceeds as of March 10, 2014, and reached the Plaintiff around that time.

[Ground of recognition] Facts without dispute, Gap 1, 3 through 8, 14 evidence, Eul 2, 5, 8, and 11 evidence (including provisional numbers), the purport of the whole pleadings

2. The assertion and determination on the settlement following the termination of the instant franchise agreement

(a)a party’s assertion 1.