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(영문) 서울고등법원 2018.07.25 2017누61449
시정명령등취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the instant disposition

A. The Plaintiff’s status is a person who allows franchisees to engage in packing business using his/her business mark “A” and receives franchise fees in return for supporting and training on business management and business activities. As such, the Plaintiff’s status constitutes a franchisor under Article 2(2) of the Fair Transactions in Franchise Business Act (hereinafter “Franchis Business Act”).

The general status of the plaintiff is as listed below.

(unit: The total number of chain stores (number of direct stores) in the category of business with business marks of KRW 92,323,4310 (0) 142(1) on December 4, 2014, 2015, 2013, 2014.

B. C Co., Ltd. (hereinafter referred to as “C”) related to management rights and 1) C-related management rights disputes arising from the Plaintiff’s establishment. D around 1987, a corporation established and operated by “G Group D” upon acquiring the management rights of a stock company A (hereinafter referred to as “Gu A”) from its own type E (hereinafter referred to as “corporation”) by acquiring the management rights of a stock company (hereinafter referred to as “Co., Ltd.”) from January 24, 1983.

On November 30, 2004, while operating B, C was established in the field of packing business.

B) Around December 201, 201, D established C under title trust with C’s shares held by it and the shares secured later through capital increase with capital increase, etc., and H was appointed as the representative director of C on November 19, 2009. C) H used physical methods, such as preventing D’s access to the company, which served as a real representative of the company on October 7, 2013, and subsequently excluded D from its management.

2) The Plaintiff’s establishment and D’s recovery of management rights against D) D is about 2013.

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