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(영문) 서울고등법원 2019.01.11 2018누52
과징금부과처분 취소 등의 소
Text

1. Of the dispositions listed in attached Form 1, which the Defendant against the Plaintiff as a plenary session resolution B on February 5, 2018, (1) and (3).

Reasons

1. Basic facts and circumstances of dispositions;

A. The Plaintiff’s status and the general status of the Plaintiff is a business entity that allows a franchisee to operate an Kim Han-boo by using his/her own business mark “A”, and supports, educates, and controls the management, business activities, etc. accordingly, and gives a franchisee a license to operate a franchise store. As such, the Plaintiff constitutes “franchise” under Article 2 subparag. 2 of the former Fair Transactions in Franchise Business Act (amended by Act No. 15360, Jan. 16, 2018; hereinafter “Fran business Act”).

The general status of the plaintiff is as listed below.

(As of the end of 2016, units: 00 won, openings) direct management stores for the type of business with net profit per year sales from the date of establishment / retail stores on February 16, 2014, 2015; 3347, 653, 32, 028 1,563 external food service 3/179 on February 16, 2014

(b) The market structure and actual conditions of franchise business shall be operated in the form that a franchiser receives franchise fees from a franchisee in return for allowing the franchisee to use business marks, such as trademarks, and providing various support, such as know-how on the overall business;

C. From February 10, 2014 to October 31, 2016, the Plaintiff: (a) designated 15 items, such as ECO-BIOFC, as indicated in the following table, as an essential item; and (b) stated in the franchise disclosure statement in the franchise agreement, three items, such as eCO-BIOFC, and ruping suping suping suping suping, etc.; (c) provided that a franchisee is supplied with essential items from the Plaintiff; and (d) provided that if a franchisee violates this, a franchisee may suspend supply of goods or terminate a franchise agreement, thereby allowing the Plaintiff to purchase only 18 items (hereinafter “instant essential items”).

(hereinafter referred to as "the act in this case"). General industrial products (as a total of 15 items), ECO-BOcc, ECO-BOFC, ECO-IOFC presses containers, ECO-BIOCO-BIOphm acid, and the amount of disinfection.

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