부당이득금반환
All appeals are dismissed.
Costs of appeal shall be borne by each party.
The grounds of appeal are examined.
1. Review of the reasoning of the lower judgment regarding the instant case and the evidence duly admitted reveals the following.
The Defendant is a franchisor prescribed in the Fair Transactions in Franchise Business Act (hereinafter “Fran Business Act”) that grants franchisees the right to operate a franchise store that sells skins, etc. according to certain quality standards or business methods using business marks, such as the trademark, trade name, and sales system of “Pizza” owned by the Defendant.
The Plaintiffs are franchisees provided for in the above Act, who are operating the Bain Ba Ba Cor (hereinafter referred to as “each of the instant member stores”) granted the above franchise license from the Defendant.
B. In order to operate each of the instant franchise stores, the Plaintiffs entered into a franchise agreement with the Defendant as shown in attached Table 2 of the lower judgment, and some of the Plaintiffs renewed the franchise agreement thereafter.
(hereinafter referred to as “each of the instant franchise agreements”). The main contents of the franchise agreement include that the Defendant grants the Plaintiffs the right to use the system, system property, and mark for the operation of the Bava Ba Ba Ba Ba Ba Ba, and the Plaintiffs pay the Defendant the initial franchise fee (which differs depending on the store form, such as US$ 45,500, US$ 22,400, US$), fixed fees (the royalty and sales revenue of store 6%), advertising expenses (5% of sales revenue).
C. The Defendant: (a) drafted and sent to each franchise store each month a written claim for the purchase price stating ① fixed fee, ② advertising fee, ③ raw material cost, ④ call center cost, ⑤ other expenses (all kinds of fees, computer network usage fee, program maintenance fee, customer satisfaction inspection fee, external audit cost, various education fees, and protocol fees, etc.); and (b) franchisees including the Plaintiffs paid monthly payment to the Defendant.
The defendant shall send from around 2003 to each chain store.