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(영문) 부산지방법원 2018.06.28 2016가합50392
손해배상(기)
Text

1. As to the Defendant-Counterclaim Plaintiff:

A. The Plaintiff (Counterclaim Defendant) A, 21,661,00 won, and the Plaintiff (Counterclaim Defendant) B, 7,500,000 won, respectively.

Reasons

1. The principal lawsuit and counterclaim shall also be deemed the facts constituting the basis;

A. The Defendant is a franchisor under subparagraph 2 of Article 2 of the Fair Transactions in Franchise Business Act (hereinafter “Franchising Business Act”), which is a franchisor that has entered into a franchise agreement with 13 franchise stores, by ordering franchisees to operate a confection, etc. using his/her own business mark “E” and supporting, educating, and controlling management and business activities pertaining thereto, receiving franchise fees in return.

(b) The defendant shall provide a prospective franchisee with an information disclosure statement registered or revised pursuant to Article 6-2 (1) and (2) of the Franchise and Franchise Business Act (including where a franchise regional headquarters or a franchise broker recruits franchisees; hereinafter the same shall apply) in a manner prescribed by Presidential Decree that can objectively verify the timing of provision, such as content-certified mail.

(2) (Omission) Where a franchiser fails to provide an information disclosure statement registered and documents stating the current status of neighboring franchisees (hereinafter referred to as "information disclosure statement, etc.") by a method prescribed in paragraph (1) or 14 days (where a prospective franchisee has received advice and suggestions from an attorney-at-law or franchise trader under Article 27 on an information disclosure statement) have not passed from the date it provides the information disclosure statement, etc., it shall not engage in any of the following acts:

1. Receiving franchise fees from a prospective franchisee. In such cases, if a prospective franchisee has deposited his/her franchise deposit in the depository, it is deemed to have received such franchise deposit on the date the first deposit is made (or the date agreed by a franchiser and a prospective franchisee to make the first deposit of a franchise fee, if any);

2. A franchise disclosure statement according to the act of entering into a franchise agreement with a prospective franchisee shall be provided, and the following table shall be entered on the same day with the Plaintiffs.

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