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(영문) 서울고등법원 2019.10.17 2018누72682
시정명령등취소
Text

1. Of the dispositions listed in attached Form 1, which the Defendant rendered to the Plaintiff via Resolution B on September 29, 2014

(a) Of the corrective orders under paragraph 1;

Reasons

1. Before the scope of the trial is remanded, the trial court revoked both the corrective order and the penalty surcharge payment order in attached Form 1 by citing all the Plaintiff’s claims.

Therefore, the Defendant appealed. The Supreme Court reversed and remanded the part of the corrective order in attached Form 1(1) and the penalty surcharge payment order in attached Form 1(3) (hereinafter “instant disposition”), and dismissed the remainder of the Defendant’s appeal.

Therefore, this Court's judgment after remand is limited to the claim to revoke the disposition of this case.

2. Details of the disposition;

A. The Plaintiff’s status is a franchisor under Article 2 subparag. 2 of the Fair Transactions in Franchise Business Act (amended by Act No. 11323, Feb. 17, 2012; hereinafter “Franchis Business Act”) since a franchisee is a business entity that grants franchisees a franchise license in relation to a franchise business, and is a franchisor under Article 2 subparag. 2 of the former Fair Transactions in Franchise Business Act (amended by Act No. 11323, Feb. 17, 2012; hereinafter “Franchis Business Act”).

B. The Plaintiff’s act, upon entering into a franchise agreement with 735 prospective franchisees from November 17, 2008 to April 3, 2012, upon commencing a franchise business, had the Plaintiff engage in a transaction with the Plaintiff or a specific business operator designated by the Plaintiff for the supply of interior equipment and appliances necessary for the establishment of a franchise store.

(hereinafter “instant act”). C.

The Defendant’s disposition 1) The instant act is subject to Article 12(1)2 of the Franchise Business Act, Enforcement Decree of the Fair Transactions in Franchise Business Act (amended by Presidential Decree No. 23169, Sept. 29, 201; hereinafter “Enforcement Decree of the Franchise Business Act”).

Article 13(1) [Attachment 2]

2. The Plaintiff shall be deemed to fall under “an act of unfairly restricting or restricting the member shop’s business activities” prescribed in item (b) and shall be recorded in attached Form 1 against the Plaintiff by resolution B on September 29, 2014.

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