1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On June 2, 2014, the Plaintiff entered into a franchise agreement (hereinafter “instant franchise agreement”) with the Defendant on which the purchase price, goods purchase price, etc. is set at KRW 70 million (excluding value-added tax), including the franchise fee of KRW 10 million, on the opening points of “E” in the D Hospital located in Busan-gu, Busan-gu. The Plaintiff paid KRW 10 million for franchise around that time.

B. On the other hand, around June 1, 2014, the Plaintiff entered into a lease agreement setting the tenth floor of the D Hospital building at KRW 30 million and KRW 500,000 per month for the operation of the F and the coffee chain. As the Plaintiff did not pay the monthly rent from July 2014, F demanded the Plaintiff to deliver the said building portion against the Plaintiff, and filed an application for mediation with the Busan District Court 2014 money47942.

On January 27, 2015, the above court rendered a decision in lieu of conciliation to the effect that the Plaintiff shall deliver the above building portion to F, and that F shall pay the Plaintiff KRW 2,715,00,000 after deducting the unpaid rent, etc. from the lease deposit, and simultaneously implement it. The above decision was finalized on February 13, 2015.

[Ground of recognition] Evidence Nos. 3 through 7, Evidence Nos. 17-1 through 10, video, and purport of the whole pleading

2. At the time of the conclusion of the instant franchise agreement, the Plaintiff’s assertion failed to comply with the Plaintiff’s promise to remove the coffee machine in the hospital and to make profits of at least KRW 300,000 per day, and subsequently, the Plaintiff left the store business, thereby failing to comply with the promise to make payment instead of monthly rent, and the hospital lost the Plaintiff in the lawsuit seeking delivery of the franchise store.

In addition, the Defendant did not pay the remainder of KRW 28 million to the Plaintiff by promising the Plaintiff to transfer the Plaintiff’s equipment in the Plaintiff’s franchise store to another new franchise store and pay approximately KRW 35 million to the Plaintiff.

The defendant shall transfer 10 million won and fixtures to the plaintiff to the plaintiff 28 million won.