1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. Since 2009, the Defendant started the franchise business with the trade name “B” from around 2012 while engaging in the processing, manufacturing, and marketing of livestock products.

B. From June 2014, the Defendant entered into a special contract with C from around June 2014, and opened and directly operated the store called “B” (hereinafter “instant store”) at the store located in the 1st basement located in Yangcheon-gu Seoul Metropolitan Government D.

C. On September 23, 2014, the Plaintiff acquired the entire facilities of the instant store from the Defendant to the KRW 28 million, succeeded to the status of the Defendant’s special purchase contract with C, and entered into a sales acquisition contract and a franchise agreement to engage in business activities in the instant store using the Defendant’s trade name, business mark, etc. (Article 1 and 2; hereinafter “instant franchise agreement”) and started business in the instant store from October 2014 to October 2014.

F, on December 17, 2014, the Plaintiff’s fraud and the actual direct operation of the instant store, which caused assault to the employees in charge of the store C.

E. Article 27(2)3 of the purchase contract of this case requires the Plaintiff to suspend and withdraw the business in the instant store pursuant to the purchase contract of this case.

On December 26, 2014, the Plaintiff and the Defendant confirmed that, from December 17, 2014 to the time when the sales center in this case was transferred to a new chain store owner, the Plaintiff agreed to manage the sales center in this case by entrustment, and entered into an entrusted management contract with the content that, “50% of the profits derived from deducting all expenses from the monthly sales,” and thereafter, the Defendant started to operate the sales center in this case from that time.

F. The Defendant entered into the instant consignment management contract from around that time to May 2016.