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(영문) 서울고등법원 2017.08.17 2017누38630
시정명령 등 처분 취소청구의 소
Text

1. The plaintiff's claim is dismissed.

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

The defendant alleged the claim on January 20, 2017.

Reasons

1. Facts having no dispute over the recognition [based for recognition], entries in Gap evidence 1, 2, 3, and 6, and Eul evidence 1 (including each of these numbers), and the purport of the whole pleadings;

A. The Plaintiff’s status and the general status of the Plaintiff is a business entity that grants franchisees a franchise license in relation to franchise business, and is a franchisor under Article 2 subparag. 2 of the Fair Transactions in Franchise Business Act (hereinafter “Franchis Business Act”), which allows franchisees to operate a specialized store using his/her business mark “Piza Hut,” and supports, educates, and controls business management and trade activities accordingly.

The plaintiff is a 100% subsidiary of Yumb Bab and Ysturant Holing (UK) controlled by Inc., and has operated Yumb Bab Bab from November 12, 1997.

The general status of the plaintiff is as follows.

(As of 2015, units: The net profit point per total capital sales on the date of establishment / the number of chain stores which are the direct management of total capital / the number of regular employees on June 39, 2015, 2015, 39,446 8,201, 145, 168 114, 238 114, 239, 37 △△, 823/383/14, 2014 on June 39, 2015.

B. The type of franchise business operation and the Plaintiff’s operation 1) franchise business shall be operated in the form of receiving franchise fees from a franchisee in return for allowing franchisees to use business marks, such as trademarks, and providing various support for the overall business of the franchise business.

A franchise fee that a franchiser receives from a franchisee may be paid to a franchiser in order to receive the franchise license or support for, training on, etc. the franchise business activities of a franchisee; (2) Considerations paid to a franchiser in order to guarantee the payment of the amount of debts for goods, etc. or the amount of damages; and (3) Considerations paid to a franchiser in the name of the price of fixtures, facilities, or goods supplied by the franchiser in order to

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