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(영문) 서울고등법원 2016.10.27 2015나2050581
손해배상(기)
Text

1. The judgment of the first instance, including the Plaintiff’s claim changed in this court, shall be modified as follows:

Reasons

1. Basic facts

A. The Plaintiff, the representative of the G franchisor, concluded a branch agreement with the Defendants on the educational service business of H (using the name “H”, which is an educational program that produces the flight craft model that is composed of a small electric cap with the Defendants, respectively as follows.

(hereinafter “each of the instant franchise agreements”). On December 31, 2012, 2012, the expiration date of the contract for the Plaintiff’s branch contract, Seoul Seongbuk-do, Seoul, Seoul, on September 31, 2012, the Seoul Cyang Seoul, Seoul, on December 31, 2014, December 31, 2014, the date of signing the contract for the Plaintiff’s branch contract. D Seoul, Seoul, on December 31, 2014, December 31, 2012, 2014.

The main contents of the instant franchise agreement are as follows.

Article 6 (Duties and Rights of Franchise Business Operators) (4) A franchiser under Article 7 shall not engage in, or cause any of the following business operators to engage in, any conduct that is designated by the franchiser and is likely to interfere with fair franchise business transactions from a supplier designated by the franchiser with respect to all matters necessary for the operation of the branch, such as goods and supplies that are classified into trade secrets in the operation of the franchiser:

The details and prices of teaching materials and school materials, etc. that the franchisor under Article 27 (1) of the Act should supply to the franchisee shall be as follows: (3) the act of unfairly putting the franchisee at a disadvantage using the transactional position by compulsory purchase of paragraph (3), provision of economic benefits or compulsory apportionment of expenses, the establishment or modification of unfair contract provisions, the purpose of sale interference with management, or other disadvantageous provision, etc.

Provided, That if it is necessary to change the details of the supply of teaching materials, and if it is necessary to change the price due to price fluctuations or other economic conditions, the franchisor shall present the details of the change, the grounds for the change and the grounds for calculation of the changed price

Paragraph 2...

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