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(영문) 서울고등법원 2016.10.27 2015나2047530
손해배상(기)
Text

1. The judgment of the first instance, including the Plaintiff’s claim changed in this court, shall be modified as follows:

Reasons

1. Basic facts

A. On September 9, 2011, the Plaintiff, the representative of the D franchisor, concluded a franchise agreement with Defendant B, setting the term of the contract from September 9, 201 to December 31, 2013, on the Chungcheongbuk Branch, which is an educational program for producing the flight aircraft model that is operated with Defendant B and a small electric mortar, for the educational service business called “E (using the name of “the early business” F.).

(hereinafter referred to as “the instant franchise agreement”). (b)

The main contents of the instant franchise agreement are as follows.

Article 6 (Duties and Rights of Franchise Business Operators) (4) A franchiser under Article 7 shall not engage in, or cause any of the following business operators to engage in, any conduct that is designated by the franchiser and is likely to interfere with fair franchise business transactions from a supplier designated by the franchiser with respect to all matters necessary for the operation of the branch, such as goods and supplies that are classified into trade secrets in the operation of the franchiser:

The details and prices of teaching materials and teaching materials to be supplied to the franchisee by the franchisor under Article 27 (1) (the procurement and management of teaching materials and teaching materials) shall be as follows: (3) the act of unfairly putting the franchisee at a disadvantage using the position of the trader by compulsory purchase of paragraph (3), the provision of economic profits or the apportionment of expenses, the establishment or modification of the unfair contract provisions, the purpose of sale interference with management, or other disadvantageous provision.

Provided, That if it is necessary to change the details of the supply of teaching materials, and if it is necessary to change the price due to price fluctuations or other economic conditions, the franchisor shall present the details of the change, the grounds for the change and the grounds for calculation of the changed price

In principle, all the products referred to in paragraph (2) shall be released after the payment is made in advance.

Provided, That where it is necessary according to the quantity, mutual consultation shall be held.

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