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(영문) 서울고등법원 2015.11.12 2014누67712
시정명령등취소
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1. The Defendant’s corrective order and penalty surcharge payment order on September 29, 2014, as shown in attached Form 1, issued to the Plaintiff on September 29, 2014.

Reasons

Details of the disposition

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 franchisee who receives franchise fees in return for the provision of support, education, and control for management, business activities, etc. using the Plaintiff’s business mark “C” and receives the franchise fees.

The Plaintiff’s act of restricting the transaction partner of the Plaintiff’s act was conducted with 735 prospective franchisees from November 17, 2008 to April 3, 2012, when entering into a franchise agreement with 735 prospective franchisees, and had the Plaintiff conduct 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 No. 1 act”). According to the Plaintiff’s act of sharing the cost according to the Plaintiff’s information disclosure statement and franchise agreement in 2010, the Plaintiff and the franchisees shared the cost associated with advertising and promotion according to the criteria set by the Plaintiff.

However, the Plaintiff entered into a partnership agreement with D Co., Ltd. (hereinafter “D”) on August 26, 2010 (hereinafter “instant partnership agreement”) and had a franchisee bear all the expenses of partnership to be borne by the Plaintiff under the partnership agreement between November 1, 2010 and July 201 (hereinafter “instant partnership agreement”).

(2) Article 12(1)2 of the Franchise Business Act; Article 13(1) [Attachment 2] of the former Enforcement Decree of the Fair Transactions in Franchise Business Act (amended by Presidential Decree No. 23169, Sept. 29, 2011; hereinafter “Enforcement Decree of the Franchise Business Act”);

2. The description referred to in item (b);

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