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(영문) 서울고등법원 2016.10.28 2016누42656

시정명령처분등취소청구의 소

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The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

. In order to ensure stable business and competitiveness, the percentage of chain stores which have entered into a contract with a franchisor specialized in dental services is increasing;

Of Kink's specialty points, the proportion of chain stores affiliated with Kink's franchiser has increased from 58% in 2002 to 69% in 2011 to 11% in 10 years.

In addition, the upper five franchisors (including the plaintiff) based on the number of chain stores in 2011 occupy the entire chain market is 22.3% based on the number of chain stores and 36.5% based on sales.

C. The Plaintiff’s advertisement made an advertisement to the effect that, as indicated in the table 1, 5% per annum of the investment amount is guaranteed as the minimum profit, while soliciting the store stores of “Cpinash” (hereinafter “instant franchise store”) through four daily newspapers, such as Joseon Day, as shown in the following table 1:

(hereinafter referred to as the “instant advertisement”). The advertising period of the advertising media is 27,620,00 central daily 12 times in total, 20,000 won in 12 times in total, 115,5,000 won in 27,620,000 won in 12 times in 12 times in total, 115,540,000 won in 12 times in total, 115,540,000 won in the first time in the Korean economy. < Amended by Presidential Decree No. 17532, Dec. 1, 200; Presidential Decree No. 17032, Dec. 1, 2000>

D. Plaintiff’s minimum profit security system operation 1) around July 25, 2012, the internal rules formulated the “minimum profit security system operation rules.” The content of new stores recognized that all of the establishment costs of franchise fees, security deposits, royalties, etc., and store investment costs, such as lease deposit, key money, and key money, etc., as the basis for guaranteeing the minimum profit. On the other hand, the conversion store is currently operating a similar beverage store such as coffee specialty store or Lestostostostos, etc., and converted its business to the instant franchise store. On the other hand, Plaintiff and the Plaintiff for the first contract period from January 25, 2012 to March 26, 2012.