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(영문) 광주지방법원 2019.05.31 2018나63814
약정금
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal lawsuit.

Reasons

1. The reasoning of the judgment of the court of first instance is as stated in the judgment of the court of first instance, except for the part concerning the defendant's argument (as to the judgment of the court of first instance, between the part concerning the defendant's argument (as to the part concerning the defendant's argument) and the part concerning the defendant's argument (as to the part concerning the defendant's argument) between the 8th and the 18th eth eth eth eth e.g., the part concerning the part concerning the claim (as to the part concerning the part concerning the part concerning the part concerning the claim

2. Parts to be dried;

A. (1) We examine the part on the argument as to whether the Plaintiff failed to perform its duty to provide the franchise disclosure statement under Article 7 of the Franchise Business Act.

According to the Franchise Business Act, a franchisor shall provide a prospective franchisee with an information disclosure statement registered or revised pursuant to Article 6-2 (1) and (2) of the same Act in a manner prescribed by Presidential Decree which can objectively verify the timing of provision, such as content-certified mail (Article 7 (1)), and register the information disclosure statement to be provided to a prospective franchisee with the Fair Trade Commission.

(Article 6-2(1). In addition, where a franchisor provides a prospective franchisee with "information about the expected future profits of a prospective franchisee, including estimated sales, profits, gross profit, and net income of a prospective franchisee, it shall be provided in writing."

(Article 9(3)1). According to the purport of each of the statements and arguments stated in Gap evidence 6 and 14, the plaintiff registered an information disclosure statement with the Fair Trade Commission around June 201, and the defendant, at the time of entering into the instant franchise agreement with the plaintiff, may recognize the fact that "the plaintiff received the information disclosure statement from the plaintiff on April 3, 201 and sufficiently reviewed the information thereon." The defendant prepared and signed a written confirmation of information disclosure statement with the purport that "at the time of entering into the instant franchise agreement with the plaintiff," and otherwise, even if the defendant did not actually receive the information disclosure statement, he prepared a false

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