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(영문) 서울고등법원 2016.05.26 2015누51554
시정명령등취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts and circumstances of dispositions;

A. The Plaintiff’s status is a franchisor under Article 2 subparag. 2 of the Fair Transactions in Franchise Business Act (amended by Act No. 12094, Aug. 13, 2013; hereinafter “Fran Business Act”) inasmuch as a franchisee is a business entity that grants franchisees with a license to operate a franchise store, who allows the franchisee to operate a hovise by using the hovisin’s business mark, and supports, educates, and controls management, business activities, etc. thereby, and receives franchise fees in return, the Plaintiff is a franchisor under Article 2 subparag. 2 of the Franchis Business Act.

B. Along with the increase in the number of Kinin's businesses in Korea due to the increase in the number of retirement population and the shortage of employment, the proportion of choice of Kin's specialty among restaurant founders is increasing, and the increase in the number of Kin's specialty is deepening the competition in Kin's specialty market as soon as the increase in Kin's demand is higher than that of Kin's disease.

As of 2011, Kin's franchisors are identified as 170 dogs (based on business marks), and Kin's specialty start-up founders show trends in order to secure stable business and competitiveness. Of Kin's specialty points, Kin's share of Kin's franchisors subscribed to Kin's franchiser was 67% as of 2011 and 11%p was 10% compared to 10 years prior to 201.

C. During the period from March 29, 2008 to August 30, 2010, the Plaintiff sent to 130 franchisees, including A points at which the time of expiration of the contract term arrives, an official letter stating that “the existing business area should be changed to a prior agreement for the renewal of the contract” and concluded a renewal contract with the above 130 franchisees to reduce the business area compared to the previous contract during the period from March 9, 2009 to December 26, 2010.

b.0.0 c.

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