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(영문) 광주지방법원 목포지원 2017.04.26 2016가단7065
채무부존재확인
Text

1. The Plaintiff’s amount of KRW 5,500,000 under Article 10(1) of the Fair Transactions in Franchise Business Act against the Defendant.

Reasons

1. Facts of recognition;

A. On October 30, 2015, the Defendant paid KRW 5,500,000 to the Plaintiff, a company operating “C”, for the operation of “C” D points.

B. Meanwhile, the parts related to the instant case in the Fair Transactions in Franchise Business Act (hereinafter “Franchising Business Act”) are as follows.

(1) A franchiser (including cases where a master franchisee or a franchise broker recruits franchisees; hereinafter the same shall apply) shall provide prospective franchisees with the information disclosure statement, the registration of which is made or the registration of which is revised pursuant to Article 6-2 (1) and (2), in a manner prescribed by Presidential Decree which can objectively confirm the timing of providing such information, such as content-certified mail, and other means prescribed by Presidential Decree.

(2) Where a franchiser provides a franchise disclosure statement pursuant to paragraph (1), it shall provide a prospective franchisee with a document stating the trade name, location and telephone number of 10 member stores (where the number of member stores operating in a metropolitan local government to which the prospective store of a prospective franchisee belongs at the time of providing the information disclosure statement is less than 10, all of member stores in the relevant metropolitan local government) located near the prospective store of the prospective franchisee (hereinafter referred to as "documents stating the current status of member stores") together.

Provided, That where the prospective store area for the future is not determined when providing the information disclosure statement, it shall be provided immediately.

(3) Where a franchiser fails to provide an information disclosure statement registered and a document stating the current status of neighboring franchisees (hereinafter referred to as "information disclosure statement, etc.") in accordance with paragraph (1) or 14 days (where a prospective franchisee has received advice and suggestions from an attorney-at-law or a franchise trader under Article 27 on an information disclosure statement) have not passed from the date it provides the information disclosure statement, etc., it shall not engage in any of the following acts:

1. The prospective franchisee shall be required to do so;

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