1. The plaintiff's claim is dismissed.

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

Basic Facts

On January 15, 2015, the Plaintiff entered into a franchise agreement (hereinafter “instant franchise agreement”) whereby the Defendant supplied goods, such as meat, from Daegu-gu to Nov. 1, 2014 to Nov. 1, 2016 by using the trademark, service mark, etc. of the base money to operate the base money (hereinafter “instant base money”).

Article 19 [Prohibition, etc. of Self-Purchase] (1) “B” (Defendant) shall be supplied by “A” or “A” for goods necessary for the protection and uniformity of brands under this Agreement and for the maintenance of unity.

Article 22 [Suspension of Supply of Goods] (1) In any of the following cases, A may suspend the supply of goods, etc. to B after giving written advance notice one week in advance:

In such cases, A shall notify B of the terms and conditions of the re-supply of goods, etc. without delay.

14. Where he/she purchases or provides or sells goods to another business establishment in violation of Article 19 (Article 37 (Indemnification, Penalty, etc.) (1) A party to this contract may claim damages as liquidated damages for breach of contract or tort of the other party, or separately claim damages.

(2) Where Eul has purchased o,00 won (Won 30,000,000 won) in violation of Article 19, Eul shall pay Gap the o,00 won (Won 30,000,000 won) as penalty.

(3) If Eul unilaterally closes the operation of a franchise store without complying with the procedures set forth in Article 35 (Termination of Contracts) or operates or transfers the operation or transfer of the franchise store to a store which does not use the business mark of "won money", Eul shall pay Gap the gold million won (Won 5,000,000 won) in penalty.

(4) Where B violates Article 30 (Duty of Confidentiality) or (Duty of Confidentiality) after the expiration of the contract period or the termination of the contract, B shall be the 50,000 won Won for gold 50,000 won.