1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On June 28, 2011, the Defendant entered into a franchise agreement (hereinafter “instant franchise agreement”) with C, which had been engaged in franchise business under the trade name “B”, from June 28, 2011 to June 27, 2013, and operated “E store” on the Suwon-gu, Suwon-si, Suwon-si, and the Plaintiff acquired the franchise business from “B”.

B. On January 23, 2013, when the Plaintiff notified the Defendant that the Defendant violated Article 27 of the instant franchise agreement, the Defendant requested the Plaintiff to terminate the instant franchise agreement on February 17, 2013, and accordingly, the Plaintiff and the Defendant agreed to terminate the instant franchise agreement on February 28, 2013, and the following confirmation of termination (hereinafter “instant termination confirmation”). The Defendant asserted that the instant termination confirmation was made by the Plaintiff’s deception, but there is no evidence to acknowledge it).

① The Plaintiff and the Defendant confirm that the franchise agreement was terminated on February 28, 2013 by mutual agreement.

(Grounds for Termination: Defendant’s request for termination of the contract) (2) The Plaintiff shall refund the contract deposit to the Defendant within 15 days from the termination date of the franchise agreement.

Provided, That if the defendant fails to fully pay his/her obligations related to the franchise agreement, such as the price of goods, until the franchise agreement is terminated, the balance after deducting the remaining obligations from the contract performance bond shall be refunded

(3) The defendant shall suspend, remove or remove the use of business marks, such as the trade name and signboards, in B, within three days from the date of termination of the contract, and shall pay an amount calculated by multiplying the number of days without delay by 1,500 won per square meter of the franchise store area

(4) The defendant shall not engage in the same type of competitive business by using or utilizing the manuals, educational materials, etc. of B for one year from the date of termination of the contract, and shall bear the penalty for violation of contract amounting to 30 million won and civil and criminal liability, and the materials, such as the operation manuals of B, shall be immediately after the termination of the contract