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(영문) 서울고등법원 2018.04.03 2017나2025398
손해배상(기)
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance cited by this court is as stated in the reasoning of the judgment of the court of first instance, except for the portions to be cited by the court of first instance as stated below (2) and a new argument by the original defendant in this court, which are stated in the reasoning of the judgment of the court of first instance.

2. From the 10th 7th 10th 7th m of the judgment of the court of first instance to the 9th m3th m of the same “instant contract”, the following is followed:

In addition to the circumstances such as “The instant contractual relationship is not a franchise business transaction.” The Plaintiff filed a petition with the Fair Trade Commission for the Defendant’s representative director under suspicion of violating the Franchise Business Act, but the Fair Trade Commission’s failure to file a complaint against the Defendant’s representative director, which led to the prosecution’s disposition on suspicion of violating the Act on Franchise Business. The instant contract was concluded in the form of a lessor’s intent and direct control upon the Plaintiff’s request, and the intent to avoid regulation under the Franchise Business Act is difficult to find the Defendant in the process of concluding the said contract, and the Plaintiff’s supervisory authority is considerably strengthened compared to the ordinary franchise contract, such as the Plaintiff’s lack of autonomy regarding the employment and dismissal of human resources, etc., the Plaintiff’s 110 to 13th 10 of the judgment of the first instance court as follows.

Article 4(c) of the instant contract with respect to the failure to submit accounting data.

Paragraph (1) provides that business management (e.g., accounting/other general expenses) following the allocation and management of profits shall run by the defendant at the plaintiff's expense.

Accordingly, the defendant shall perform the accounting and accounting of the store of this case as part of the business management, and in order to conduct the above business, the plaintiff in charge of the actual business every month.

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