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(영문) 서울중앙지방법원 2018.02.12 2017나27135
손해배상
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasoning for the court’s explanation concerning the instant case is as stated in the reasoning of the judgment of the first instance, except for the following additional determination as to the Plaintiff’s assertion added or emphasized in the trial. As such, this is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Plaintiff’s assertion

(1) The main point is the sob agency B (hereinafter “instant store”) between the Plaintiff and the Defendant maintained from September 4, 2009 to March 2016.

2) As to the instant agency contract (hereinafter referred to as “instant agency contract”).

(2) In light of the following circumstances, the Fair Transactions in Franchise Business Act (hereinafter “Franchising Business Act”) shall be construed as “Franchising Business Act”

The franchise agreement is subject to the application of the Plaintiff. - The Defendant had the Plaintiff sell the product in accordance with the Plaintiff’s quality standards or business methods using the Plaintiff’s business mark “ SobB Points.” - The Defendant dispatched the Plaintiff’s employees to the Plaintiff, installed advertising promotion facilities, forced the Defendant to enter into an agreement on a multiple brand card franchise stores produced by the Defendant, and installed and used the sales time information management (POS) system. The Plaintiff fulfilled the obligation to provide security under the instant agency contract and bears part of the test costs for the instant store. In addition, in the instant agency contract, the Plaintiff is obliged to pay the Defendant the amount calculated by applying the agreed collection rate on the total amount of attempted money out of the total amount of the goods sold by the Plaintiff, and the Plaintiff and the Defendant concluded an agreement on May 20, 2015 to pay the Defendant the price for packing items and paid 50% of the Plaintiff’s packing items to the Defendant in violation of Article 12-4 of the Franchise Business Act.

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