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(영문) 대법원 2018.11.09 2015두59686
시정명령등취소
Text

The judgment below

Corrective orders and penalty surcharges related to the construction of interior works and the supply of equipment and appliances among them.

Reasons

The grounds of appeal are examined.

1. Regarding interior works and supply of equipment and appliances (ground of appeal Nos. 1 and 3)

A. Article 12 of the Fair Transactions in Franchise Business Act (hereinafter “Franchising Business Act”) prohibits acts that unfairly restrict or restrict the prices of goods or services that a franchisee handles, trading partners, trading areas, or business activities of a franchisee and that are likely to impede fair franchise business transactions (Article 12(1)2) and delegates the type of or standards for the said acts to be prescribed by Presidential Decree.

(2) Paragraph (2) of the Enforcement Decree of the Fair Transactions in Franchise Business Act (hereinafter “Enforcement Decree of the Franchise Business Act”) provides that the act of unfairly compelling a franchisee to enter into a transaction with a particular transaction partner (including a franchisor) in connection with the purchase, sale, lease, etc. of real estate, services, goods, raw materials, or subsidiary materials shall be construed as “act binding on a transaction partner” in the “condition of restraint” and the same shall not apply where the following requirements are met:

(Article XIII(1) and attached Table 2)

2) 1) It is objectively recognized that real estate, service equipment, goods, raw materials, or subsidiary materials are essential for the operation of a franchising business. 2) If a franchisor does not trade with a specific trading partner, it is objectively recognized that it is difficult for the franchisor to protect the trademark rights of the franchisor and maintain the identity of the goods or services. 3) The franchisor must inform the franchisee of the relevant fact in advance through

B. In light of the content, form, structure, legislative intent, etc. of the relevant statutes, the act that a franchisor allows its own or its designated person to purchase interior works and equipment, appliances, etc. is unfair to the franchisee.

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