부당이득금
The defendant's KRW 8,840,015 for the plaintiff and its 6% per annum from February 3, 2018 to April 3, 2019, and the following.
Basic Facts
On May 4, 2014, E, who operated a restaurant under the trade name of Jongno-gu Seoul Metropolitan Government “D”, concluded a contract with F Co., Ltd. (hereinafter “F”) on the transfer of branch rights and direct management rights to F in relation to the franchise business of “D” (including Metropolitan Cities).
The contents of the instant contract are as follows.
Party A (E, hereinafter the same shall apply) shall grant Party B (F; hereinafter the same shall apply) the right of branch offices and the right of direct management of the cross-Korean roads (including Metropolitan Cities), while Party A shall not grant Party B the right of branch offices and the right of direct management of the cross-Korean roads (including Metropolitan Cities) to an individual or corporation other than Party B.
The headquarters and branch office shall be 5:5 of the royalties, logistics profits, profits from the establishment of the branch, and all other profits only to the affiliated store established by the branch office.
A shall provide B with all education on food transfer and education.
A does not require B to B all the tegrology, main office, educational expenses, etc. (including signboards and other similars.). With respect to a branch right in a quasi-area, a franchise agreement shall be concluded only in agreement with the branch office.
The direct management of a branch office and a franchise store may directly purchase the logistics desired by the branch office.
In the future, A shall actively cooperate when concluding a contract by changing the branch office business operator (individual, corporation).
A shall be permitted to freely pay points directly directly to the nation throughout the country, not to directly operate such points.
On October 16, 2014, F’s representative G established the Plaintiff for the operation of H directly operated stores in Changwon-si, Changwon-si, Masanpo-gu, H, and E established the Defendant for D’s franchise business on October 31, 2014.
Around 2015, the Defendant entered into a franchise agreement with I on the Busan's written store of "D".
In relation to the above franchise agreement, the defendant received total of KRW 23,900,000 from I as stated below, and supplied food materials to the above Busan written store.