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(영문) 수원지방법원 2019.07.11 2018나73423
손해배상(기)
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is the same as that of the judgment of the court of first instance, except for the following cases:

An abbreviationd name established in the judgment of the first instance is also used below the same.

2. The 8th 9th 9th 9th 9th 9th 6th 1st 6th 200 in the part of the court of first instance.

“C) In full view of the relevant provisions of the Franchise Business Act, even if the Defendant, as alleged by the Defendant, did not have a franchisor of the size prescribed in each subparagraph of Article 9(5) of the Franchise Business Act, and does not have the obligation to provide the Plaintiff with a statement of estimated sales under the said provision, it shall be deemed that the Defendant still has the obligation to provide in writing the expected profits calculated on the basis of objective grounds of the level prescribed in each subparagraph of Article 9(1) of the Enforcement Decree of the Franchise Business Act when providing the information on expected future profits, including estimated sales, gross profit, and net profit under Articles 9(1) and 9(1) of the Enforcement Decree of the same Act.

In addition, considering the following circumstances in light of the overall purport of the aforementioned facts and the evidence admitted as a whole, it is reasonable to view that the Defendant committed a tort in violation of Article 9 (1) 1 of the Franchise Business Act and Article 8 (1) 1 of the Enforcement Decree of the same Act by issuing to the Plaintiff a written calculation of estimated earnings without any objective grounds by neglecting the duty to calculate the estimated earnings based on objective evidence as set forth in each subparagraph of Article 9 (1) of the Enforcement Decree of the Franchise Business Act at the time of the instant franchise agreement, and by providing the Plaintiff with a written estimation of estimated earnings without any objective basis.

① The Plaintiff is the basis for calculating the amount indicated in the calculation statement of the expected sales amount of this case.

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