beta
(영문) 서울고등법원 2018.12.19 2018누43424

시정명령및과징금납부명령취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

The Plaintiff’s status is that a franchisee operates a dental specialty using his/her own business mark “C”, and supports, educates, and controls the management, business activities, etc. accordingly, and as a result, a person who receives a franchise fee grants a franchisee a license to operate a franchise store, the Plaintiff constitutes a franchisor under Article 2 subparag. 2 of the Fair Transactions in Franchise Business Act (hereinafter “Franchis Business Act”). A franchise business is operated in the form of receiving franchise fees from a franchisee in return for granting a franchisee a license to use a business mark, such as a trademark, and providing a franchisee with various support, such as know-how, in the overall business.

The general status of the plaintiff is as listed below.

From December 3, 2012 to September 10, 2017, the Plaintiff’s act of restricting nine secondary materials, such as liners, pT disease, tree cream, lids, lid lid lids, lid 2,536 24,956 1/1655 (as of the end of 2016, unit: unit: KRW 00,000, unit, name) Plaintiff’s act of liner 1/1655 (as of the end of 2016) (as of the end of 2016, unit: KRW 300,00,000) Plaintiff’s act of liner string 1/165 (as indicated in the table below, the Plaintiff’s act of restricting the Plaintiff’s business entity to purchase the instant primary raw materials or to exclude them from the 3-year franchise agreement. The Defendant, in principle, suspended or terminated the Plaintiff’s franchise agreement from the 3-year franchise agreement with the Plaintiff’s business entity.