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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. Defendant Il Food Co., Ltd. (hereinafter “Defendant Il Food”) is a company running a restaurant business in the name of “Mama club”, and Nonparty B was an employee of the Defendant Company.
Defendant A, at around April 9, 2014, has concluded a franchise agreement with Defendant Il Food and A, and opened and operated a dial club D (hereinafter “instant store”) at all times, after constructing a building owned by Defendant A in Suwon-si, Suwon-si.
B. On October 2014, the Plaintiff entered into a contract with Defendant A to take over all of the facilities and business of the instant store at KRW 550,000,000 (excluding value-added tax) (hereinafter “instant business takeover agreement”) and the instant store at KRW 10,000,000, respectively, with the introduction of Defendant Il Food, a head office (employee B).
On October 14, 2014, the Plaintiff entered into a franchise agreement with Defendant Il Food and Drug Association (including value-added tax) with respect to the instant store, which is set at KRW 5,500,000 (including value-added tax) and KRW 3 years with respect to the instant store.
C. On November 17, 2014 and November 28, 2014, the Plaintiff: (a) operated the instant store to the Defendants; (b) as a result of the Plaintiff’s actual operation of the instant store during the month, the monthly sales amount is below KRW 100 million; (c) at the time of the instant transfer of business, the Defendants’ side at the time of the instant transfer of business belonged to KRW 140,000,00; and (d) accordingly, the instant transfer of business was null and void and thus, issued a certificate of content that notifies the revocation thereof.
On the other hand, the plaintiff did not pay the monthly rent to the defendant A except once for the first time.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Gap evidence No. 4-1, 2, Eul evidence No. 1, the purport of the whole pleadings
2. The summary of the Plaintiff’s assertion is that Defendant A takes over the business of the instant store without confirming the store Pos (PINT-OF-SALE, and the information management system at the time of sale) at the time of concluding the instant transfer of business.