1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On April 26, 2016, the Plaintiff entered into a franchise agreement (hereinafter “instant agreement”) with the Defendant, setting the contract term from April 26, 2016 to April 25, 2019, with respect to the operation of the Co-si store located in the Co-si (hereinafter “instant C”), which is a corporation specializing in the facility for children’s indoor play (hereinafter “C”). The main contents are as follows.

[Disclosure of Information] C

B. On February 23, 2017, the Defendant’s husband, E, F, and G established the Gangseo-gu Busan Metropolitan Government H building and the 8th floor for the purpose of operating the main office and indoor play facilities business (hereinafter “I”) and operates the business kiccs (hereinafter “instant I”) with the name of I, and the F is registered as the representative director, E, and G as each internal director.

[Ground of recognition] The facts without dispute, Gap 1 through 11, each entry of Eul 1 through 9, each entry of Eul 1 through 9 (including each number; hereinafter the same shall apply), the inquiry of the fact in the court's North China Tax Office, the result of the response against the order to submit financial transaction information to J Co., Ltd., the purport of the whole pleadings, as a whole.

2. The assertion and judgment

A. The parties' assertion (1) while operating the instant case C, the Defendant had E, the husband of the Plaintiff, establish a company similar to the Plaintiff Company I, and operates the instant I at the close place of the name branch, the Plaintiff's franchise store.

Therefore, as the Defendant violated the duty of prohibition of competitive business under the instant contract, it is liable to pay KRW 50,000,000 to the Plaintiff according to the penalty agreement under the instant contract.

(2) Defendant (A) drafted a provisional contract on behalf of the Defendant, on whose body the Defendant was pregnant, and whose body the Defendant and E are businesses operating their own separate businesses, and they are not the actual operators of the instant C.

(b) I shall invest each of the investments made by F, E, and G.