All appeals are dismissed.

The costs of appeal by the plaintiff are assessed against the plaintiff and the defendant.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. On the ground of appeal Nos. 1 and 2 of the Plaintiff’s ground of appeal)

A. (1) Article 6 of the Act on Fair Transactions in Large Franchise and Retail Business (hereinafter “Large Franchise and Retail Business Act”) provides that a large franchise and retail business operator shall immediately enter into a contract with a supplier, etc., provide the supplier, etc. with a written statement (including an electronic document; hereinafter “written face”) stating the contractual terms prescribed by Presidential Decree, such as the type of transaction, transaction items, and period of transaction (Article 1); and that the large franchise and retail business operator and the supplier, etc. shall respectively sign (including a certified digital signature) or sign and seal the document.

(2) On the other hand, the duty of delivery is to prevent disadvantages arising from suppliers, etc. and to prevent the occurrence of ex post facto disputes between the parties at the same time by clearly stipulating the terms of the contract in advance in preparation for cases where a large franchise and retail business operator concludes a supply contract orally by taking advantage of the superior position, and then withdraws or alters the contract on the date of performance, or fails to implement the contract in accordance with the terms of the contract.

The request for the signature of both large franchise and retail business operators and suppliers under Article 6 (2) of the Act on Large Franchise and Retail Business is for the purpose of enabling both parties to fulfill their functions as a certification of the contents agreed with.

Therefore, Article 6 (1) and (2) of the Large-Scale Distribution Business Act is demanded only if the above contract is not given to the supplier immediately after the contract was concluded and the contract is delivered unilaterally without the signature, etc. of both parties.