1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On March 26, 2013, the Plaintiff and the Defendant concluded a franchise agreement with respect to the GS25 C points in Eunpyeong-gu Seoul Metropolitan Government (hereinafter “instant franchise agreement”) with a period of one year from the opening date (hereinafter “instant franchise agreement”).

B. Accordingly, the Plaintiff paid KRW 22,200,000 to the Defendant with the deposit, etc. under the instant franchise agreement, and sent a notice to the Defendant, by mail, stating that “The instant franchise agreement shall be revoked, as rainwater flows into the customer counseling room of the above store (so-called white room) and the whole store is impossible due to inundation,” on September 13, 2013, while continuing the convenience store business at the above store.”

C. After that, the Plaintiff continued to operate a convenience store at the said store, and concluded a contract for business takeover on January 6, 2014, and completed the business.

On the other hand, on June 5, 2014, the Defendant deposited KRW 15,64,062 as settlement money following the termination of the instant franchise agreement with the Plaintiff as the principal deposit in this court.

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 3, Eul evidence 1 and 6, the purport of the whole pleadings and arguments

2. Determination as to the cause of claim

A. The plaintiff did not properly repair the defects related to the above store inundation, and the plaintiff cancelled the franchise agreement of this case on the ground of the defendant's default (unful performance) or warranty liability. The defendant is obligated to return to the plaintiff the above 22,200,000 won which was already paid due to the cancellation of the contract, as well as 34,795,090 won which was paid by the plaintiff as compensation for damages arising from the cancellation of the contract (= value-added tax of 490,800 won paid by the plaintiff at the time of the conclusion of the contract of this case) ( value-added tax of 1,304,290 won paid by the plaintiff as compensation for damages arising from the cancellation of the contract of this case (value-added tax of 3,00,000 won which was paid by the plaintiff as compensation for the removal of the above rainwater).