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(영문) 의정부지방법원 2018.09.13 2016가단124948
손해배상(기)
Text

1. The Defendant’s KRW 70,140,00 and the Plaintiff’s annual rate of KRW 6% from November 5, 2016 to September 13, 2018, and the following.

Reasons

1. Basic facts

A. The relationship 1) The Defendant is a franchisor that runs a franchise business with the trade name of “C” from October 14, 2010 to November 1, 2013. (2) The Plaintiff entered into a franchise agreement with the Defendant on March 4, 2016, to open and operate the “CHanam Point” (hereinafter “instant franchise agreement”), and the Plaintiff entered into a franchise agreement with the Defendant to open and operate the instant store from April 15, 2016 to around September 2016 while opening and operating the instant store from around September 15, 2016.

B. Four franchisees, including the Plaintiff, etc., of the Fair Trade Commission, reported to the Fair Trade Commission that the Defendant violated the Fair Transactions in Franchise Business Act (hereinafter “Franchising Business Act”).

Accordingly, on May 17, 2018, the Fair Trade Commission concluded a franchise agreement with the Defendant, without providing the information disclosure statement and documents on the current status of neighboring franchisees, when entering into the franchise agreement with 55 prospective franchisees from April 2014 to September 2016, and violated Article 7(3) of the Franchise Business Act by entering into the franchise agreement or receiving franchise fees. From February 25, 2016 to September 4, 2016, 10 prospective franchisees provided ten prospective franchisees with information on the current status of sales of four franchise stores, such as bottle stores, light, new and long-distance stations, and implied stations, and then entered into the franchise agreement, but the sales amount offered falls short of the average monthly sales amount of the monthly sales amount of the relevant franchise, which actually fell short of the highest level of the monthly sales amount of the relevant franchise store. However, the sales amount offered 00 won for the reason of violation of Article 90(10) of the Franchise Business Act, which is an objective basis for the violation of the Act.

recognized.

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