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(영문) 서울고등법원 2019.08.28 2018나2058739
손해배상(기)
Text

1. The judgment of the first instance court, including the Plaintiff’s claim extended by this court, is modified as follows.

Reasons

1. The reasoning of this court concerning this part of the basic facts is as stated in the corresponding part of the judgment of the court of first instance (not later than the last day of No. 2, No. 8, and No. 4 of the judgment of the court of first instance). Thus, this court shall accept it pursuant to the main sentence of

2. The plaintiffs' assertion

A. The Defendant violated Article 5 of the instant franchise agreement by failing to provide support for franchise business after taking over the instant store, and failing to endeavor to resolve disputes in the process of notifying the termination of the instant franchise agreement. In addition, the Defendant violated Article 7(2) of the instant franchise agreement, such as setting the price of raw and secondary materials, such as tobacco oil, etc. at a lower price than other companies, even though the Defendant agreed to provide the “paid price” at the time of entering into the instant franchise agreement, and thus, violated Article 7(2) of the instant franchise agreement. In addition, the Defendant violated the instant franchise agreement by refusing to demand replacement of equipment and facilities in accordance with the terms and conditions of the instant franchise agreement. (2) The Defendant breached its duty to disclose information under Article 7 of the Franchise Business Act.

In addition, in order for a franchisor to terminate a franchise agreement, the franchisor shall set the grace period of at least two months and notify the franchisor of the violation of the franchise agreement in writing at least twice, and the Defendant unilaterally notified the termination of the franchise agreement without complying with such procedures, thereby violating the procedure for cancelling the franchise agreement under Article 14 of the Franchise Business Act. Article 7 (Duty to Provide Information Disclosure Statements, etc.) ① A franchisor (including where a franchise regional headquarters or a franchise broker engages in recruiting franchisees; hereinafter the same shall apply) shall provide prospective franchisees with the information disclosure statement registered or revised pursuant to Article 6-2 (1) and (2).

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