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(영문) 서울중앙지방법원 2019.04.10 2018나28784
부당이득금
Text

1. Of the judgment of the court of first instance, the part against the plaintiffs falling under the following additional payment order.

Reasons

1. The same shall apply to Plaintiff B, as of February 13, 2017, on the date of providing an information disclosure statement of franchise fees for the term of contract of Plaintiff (member shop) contract, A (member shop) with the franchise fee deposit date, KRW 11,400,000 for KRW 11,000 for the franchise fee of KRW 15,40,000 for KRW 4,40,000 for educational expenses.

February 13, 2017. B (Glaver Points), February 13, 2017, February 17, 2017, February 15, 2017, KRW 15,400,000 on February 17, 2017.

The defendant is a franchiser that runs a franchise business using the business mark "D", and the plaintiffs are franchisees who have entered into a franchise agreement with the defendant.

The contents of the franchise agreement between the plaintiffs and the defendant are as follows, and the plaintiffs commenced the franchise store business on March 6, 2017.

B. From the broadcasting program “F” on March 12, 2017, the content of “G” was broadcasted to the effect that “D does not use chemical additives and advertises false facts, and uses edible milk excessively.”

As a result, the plaintiffs suffered from business ties, such as the reduction of sales volume.

C. Article 15(3) of the instant franchise agreement provides that “A (Defendant) or B (Plaintiffs) shall pay the other party a penalty for breach of contract if the contract is terminated due to a cause attributable to either of the parties, either Party A and B shall pay the following amount of penalty,” and the scope of penalty is determined as follows:

A 10% of the "monthly average sales" in the 12-month immediately preceding the date of termination x A: The average sales of the month from the first open date to the date of termination 12 months if less than one year is less than 2 months, 4 months if more than one year or less than 2 years, and 6 months if the business date of more than 2 years or more is less than 12 months.

2. As to the claim for return of the franchise fee

A. According to the Act on Fair Transactions in Franchise Business Act (hereinafter “Franchising Business Act”), a franchisor shall provide prospective franchisees with an information disclosure statement on the general situation, etc. of the franchisor (Article 7(1)), and a prospective franchisee shall submit an information disclosure statement and documents on the current status of the franchise store.

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