1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On May 3, 2016, the Plaintiff is a business operator operating a master franchisee of the trade name “C,” and D on behalf of the Plaintiff entered into a franchise store agreement with the Defendant to provide the Plaintiff to the Defendant or to allow the Defendant to sell the products designated by the Plaintiff using the Plaintiff’s trade name, and the Defendant entered into a franchise store agreement with the Plaintiff to pay KRW 4 million for the use of the franchise fee as the price for the trade name, trademark, etc. provided by the Plaintiff, and KRW 15 million for initial facility investments (hereinafter “instant franchise store agreement”).

B. Article 18 of the franchise store contract of this case provides that "No member shop nor franchise store shall divulge any trade secret of the other party or customer-related information of the other party known to it in the course of the implementation of this contract to any third party, or use it for purposes other than the implementation of this contract, as well as after the termination of this contract." Article 23 (2) provides that "the member shop shall not conduct any business of the same or similar type of business under the name of the other party or a third party."

C. According to the instant franchise agreement, the Defendant paid KRW 4 million to the Plaintiff the franchise fee of KRW 15 million and the initial facility investment cost, and operated the franchise store with the trade name “F” from July 2016 to e in Sungsung-si, the Defendant was supplied with food materials, such as meat and cattle, necessary for the operation of the franchise store by the Plaintiff.

[Ground of recognition] The fact that there is no dispute, Gap's evidence No. 2, and the purport of whole pleading

2. The parties' assertion;

가. 원고 피고는 F을 운영하는 것 이외에 원고와 새로운 가맹점 계약을 체결하지 아니한 상태에서 피고의 가족이나 친척들로 하여금 수원시 권선동 G에서 ‘H’이라는 상호로 동종 영업을 하고 있고, 피고의 아들 I이 대전 서구 J 1층 K호에서 ‘L’라는 상호로 닭볶음탕, 삼겹살 등을 요리하여 배달하는 음식점을 운영하면서 원고가 고유하게 보유하고 있는 메뉴 구성이나...