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Reasons
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(영문) 서울고등법원 2017.08.31 2016나2073765
영업금지
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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. The purport of the claim by this court.

Reasons

1. The reasoning of the court of first instance for the acceptance of the judgment is the same as that of the judgment of the court of first instance, except for the submission, addition, or deletion of the following:

2. Parts used for cutting, adding, or deleting;

A. Of the judgment of the court of first instance, the "franchise business" in the third part of the judgment of the court of first instance shall be limited to "franchise business".

B. Of the judgment of the first instance court, the following addition should have been made: “The notice should have been given” of paragraph 10 of the sixth decision.

“A franchisee shall be deemed to have failed to comply with the requirements of this Agreement or the Operating Manual which may be reasonably added from time to time, or fails to faithfully implement the terms and conditions of this Agreement, and in any of the following cases:

C. Of the judgment of the first instance court, the “FFFF Co., Ltd.” in Part VII of the judgment of the first instance is deemed to be “FFMS Co., Ltd.”; the “FFFFFF service” in Part 8 is deemed to be the “Automatic transfer service provided by the FFMS Co., Ltd.”; the “FFFA” in Articles 10 and 11 is deemed to be the “FFM Co., Ltd.’s automatic transfer service provided by the FFM Co., Ltd.”; the “FFW and FFF Co., Ltd. with the “Co., Ltd.” in Part VII is deemed to be the “FFM Co., Ltd.”; the “FFFF FFP” in Part 12 is deemed to be the “FFFM Co., Ltd.”; and the “NFFFFFD” in the part of the first instance judgment is deemed to be the “NFFFFFFFFFE”, respectively.

Of the judgment of the first instance court, the term "or similar" in the 9th sentence shall be deleted, and the 9th sentence in the 11th sentence shall be deleted, and the 9th sentence in the 9th sentence shall be paid.

E. Of the judgment of the first instance court, the “130,000 won per month” in the 12th sentence of the said 11th instance judgment shall be deemed as “120,000 won per month”; the “65,000 won per month for the integrated computer use fee” in the 13th sentence shall be deemed as “monthly use fee of 65,000 won from September 1, 2014; 60,000 won from September 1, 2015; and 19,000 won from September 1, 2016.

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