In the judgment of the first instance, the part concerning the counterclaim shall be revoked, and the counterclaim of the defendant (Counterclaim plaintiff) shall be dismissed.

1. Basic facts

A. A agricultural company A (hereinafter “A agricultural company”) is a “franchise” under the Fair Transactions in Franchise Business Act, which is a company with the trade name of “D” and related business start-up and consulting, and the Defendant entered into a franchise agreement with the Plaintiff on November 28, 2016 to operate D E (hereinafter “instant store”).

B. Around September 2016, the Defendant was recommended by F to enter into a franchise agreement with A agricultural company, and concluded a franchise agreement with F to operate the instant store using “D” brands, such as “G”, “H”, and “I” owned by A agricultural company based on the information received from F (hereinafter “instant franchise agreement”).

C. Unlike “G” under similar name, the method of operating “D” brand was not the general method that customers ordered food to employees, but rather the so-called accelerator operation method that customers directly bring about food to their employees. However, at the time the instant franchise agreement was concluded, a business store operated by “D” brand and accelerator operation method was only one place located in J J’s Ptecot.

On the other hand, on February 1, 2017, the Defendant entered into a contract with A Incorporated Agricultural Company to entrust the management of the store of this case to A Incorporated Agricultural Company (hereinafter “instant management entrustment contract”) separate from the instant franchise agreement.

E. On February 8, 2017, the Defendant opened the instant store, and immediately, there was a conflict between the customer’s claim in accordance with the accelerator operation method, the decrease in sales, and the instant management consignment agreement with A agricultural company and its dispatched employees. Accordingly, the Defendant suspended the sales of the instant store on March 29, 2017, and the instant franchise agreement and the instant case with A agricultural company.