메이저 바카라

1. Case summary

ㅇFranchisees sent a content-certified letter to a franchisor, in which they informed the franchisor that they would cancel and terminate the franchise agreement unless the franchisor guaranteed profits under the expected income statement provided by the franchisor to them at the time of executing the franchise agreement. Afterwards, the franchisees unilaterally suspended 메이저 바카라 operations.

ㅇ Representing the franchisor, we notified that the franchise agreement was terminated pursuant to the Franchise 메이저 바카라 Act and requested the franchisees to pay penalties on the ground that they had suspended 메이저 바카라 operations for consecutive seven days or longer without a justifiable cause.


2. Franchisees’ argument

ㅇ The franchisor deceived the franchisees, presenting fictitious sales and the fraudulent expected income statement to them at the time when they executed the franchise agreement. Since the franchisees were deceived to execute the franchise agreement, the franchise agreement with the franchisor was cancelled pursuant to Article 110 of the Civil Act.

ㅇ The franchise agreement was cancelled pursuant to Article 109 of the Civil Act since the franchisor presented fictitious sales and the fraudulent expected income statement to them at the time when they had executed the franchise agreement and the franchisees had executed the franchise agreement by mistake of motives caused by the franchisor.

ㅇ The franchise agreement with the franchisor was terminated due to the break of the trust relationship between the franchisor and the franchisees since the franchisor had committed an act of violating the Franchise 메이저 바카라 Act by providing exaggerated information on expected profits to prospective franchisees without an objective basis.


3. The court’s judgement: The court accepted all the claims for the payment of penalties against the franchisees.

ㅇ The court precluded all the arguments made by the franchisees above, and accepted all the claims made by the franchisor for the payment of penalties against the franchisees.

ㅇ As for the franchisees’ argument over the cancellation of the franchise agreement, the court determined that it is hard to find the franchisor engaging in the alleged fraudulent acts and the court cannot view that the franchisees have a mistake in material aspects on the ground that it cannot be concluded that the franchisor provided the franchisees with false information just because there is a partial difference between the expected profit and loss statement provided by the plaintiff and the actual profit and loss statement of the franchisees on which it was prepared, that a franchisee enters into a franchise contract at his own discretion as an independent 메이저 바카라 operator, that even if franchisees operate the same franchise 메이저 바카라, the operating profit may vary depending on the location of the franchisees and the efforts made by the franchisees, and that in light of the phrase “This is an estimate and may differ from the actual statement of profit and loss” in the expected income statement, it cannot be interpreted that the same profit as stated in the income statement can be achieved.

ㅇ Regarding the franchisees’ claim to terminate the franchise agreement, the court held that it could not be recognized that the plaintiff provided false or exaggerated information to the defendants on the same ground as stated above.


4. Our assistance for the client

ㅇ We actively asserted that even if there is some difference between the expected profit and loss statement and the actual income statement, that alone does not lead to a reason for cancellation. In particular, it was emphasized that franchisees conclude franchise contracts based on their own judgment as independent 메이저 바카라 operators, and that the sales of franchisees can vary depending on the capabilities of franchisees.