부당이득금
1. The plaintiff's appeal and the defendant's incidental appeal are all dismissed.
2. Costs arising from an appeal and an incidental appeal shall be respectively.
1. Basic facts
A. The relevant Plaintiff is a franchisee who is entitled by the Defendant to operate a franchise store using the trademark, trade name, business system, etc. of “Piza Hut” and is operating the Hut F store (hereinafter “instant franchise store”), a franchise store. The Defendant is a franchisor that grants the Plaintiff a franchise license and receives a payment for the franchise license.
B. In order to operate the instant franchise store, the Plaintiff entered into a franchise agreement with the Defendant on March 2010, and entered into a new franchise agreement with the Defendant on October 4, 2010, seven months later, and subsequently renewed the franchise agreement.
(hereinafter collectively referred to as the “instant franchise agreement”). The main contents of the instant franchise agreement are as shown in attached Form 1.
C. The Plaintiff paid the first franchise fee at the time of concluding the instant franchise agreement. 2) The Defendant calculated the fixed fee (at the rate of 6% of the total revenue, 6% of the total revenue), raw material expenses, call center expenses, other expenses (all kinds of commission, revenue instruments, goods, goods, frchise Net, independent-type mailer, NSO activities, POS/FA maintenance fees, etc.), advertising expenses (at the fifth day of each following month), etc., and then prepared a written claim for the payment stating the amount by item, and sent the above amount to the Plaintiff at the fifth day of each following month.
The Plaintiff paid fixed fees and various costs as stated in the written request for payment to the bank account in the name of the Defendant designated by the Defendant by the deadline for payment (in the case of a substitute, by the tenth day of each following month).
(hereinafter referred to as "prices" in total, of fixed fees and various costs paid according to the monthly request.
The plaintiff to pay back to the Administration Fee does not exceed 'SCM Adm' Corporation Fe (hereinafter referred to as the "Adm") in the written payment to the defendant.