logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2020.10.29 2019누97
경고처분취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff’s status is that a franchisee operates ice and other food and beverage specialty by using his/her own business mark “C”, and supports, educates, and controls the management, business activities, etc. thereof, and as a result, the Plaintiff constitutes a franchisor under Article 2 subparag. 2 of the Fair Transactions in Franchise Business Act (hereinafter “Franchis Business Act”).

The general status of the plaintiff is as listed below.

[Unit: The number of member stores for sales of types of business with business marks for establishment date, 200, 2013, 2014, 2015, 2014 August 21, 2013, 2015 C Drat 9120,187 12, 213 3478 478 478

B. The Plaintiff’s act of offering the Plaintiff’s statement of calculating the estimated sales to 70 prospective franchisees, such as D, who requested the expected sales during the period from July 11, 2014 to September 25, 2014 (hereinafter “instant prospective franchisees”), as follows, provided each statement of calculating the estimated sales based on the sales of member stores, the sales period of which is at least six months in the immediately preceding business year, in accordance with the method of calculating the estimated sales under Article 9(4) of the Enforcement Decree of the Fair Transactions in Franchise Business Act (hereinafter “Enforcement Decree of the Franchise Business Act”), written in the form of calculating the estimated sales, stating the maximum amount and minimum amount as shown in attached Form 2, as shown in attached Table 2, in the form of calculating the estimated sales.

(hereinafter referred to as the “information provision of this case,” and the calculation statement of each expected sales provided by the Plaintiff (hereinafter referred to as the “statement of calculation of each expected sales of this case”). The statement of calculation of estimated sales.

3. The operating period of a franchise store in the relevant franchiser in the relevant Special Metropolitan City/Do Mayor or Special Self-Governing Province by utilizing the sales of neighboring franchise stores (Article 9 (4) of the Enforcement Decree of the Franchise Business Act), which is at least six months.

arrow