부당이득금
1. Defendant G Co., Ltd.: (a) the Plaintiff Company’s KRW 90,00,000 and its annual period from May 5, 2018 to September 6, 2018.
1. Defendant G Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a company that operates a restaurant business that sells food with Korean-style food with the business indication called M for the purpose of Korea-style restaurant chain business. Defendant H is the representative director of Defendant Co., Ltd., Defendant I, J, and K are those who conducted business activities in the position of inside director or auditor of Defendant Co., Ltd., and Defendant L is the person who is called the president of Defendant Co., Ltd. and actually operated Defendant Co., Ltd., and the Plaintiffs are those who concluded a franchise agreement with Defendant Co., Ltd.
2. Determination as to Plaintiff A’s claim
A. On April 18, 2016, Plaintiff A entered into a franchise agreement with Defendant Company to supply goods or raw materials, to which Plaintiff A received know-how, guidance, education, and other managerial support while operating the first franchise fee of KRW 90 million between Defendant Company and the first franchise agreement with the Defendant Company, and then to pay KRW 90 million for the first franchise fee to the Defendant Company around that time, and began the operation of the said franchise agreement around April 23, 2016. (2) The Defendant Company failed to properly implement the supply of raw and secondary materials, know-how, instruction, and education for the business to be borne by the Defendant Company in accordance with the said franchise agreement. Accordingly, Plaintiff A first agreed that Plaintiff A’s franchise fee return to Defendant Company around July 2016, and the first franchise fee return was requested by the Defendant Company up to 00,000,000 won.
[Ground of recognition] Each entry of Gap evidence Nos. 3, 4, 10 to 12, and the purpose of the whole pleading
B. According to the above facts of determination, the defendant company's initial franchise fee of KRW 90,000,000 paid by the plaintiff A pursuant to the above return agreement, and its payment date after the agreed payment date, is an obvious day after the application for modification of the purport and cause of the claim of this case sought by the plaintiff A was delivered to the defendant company. < Amended by Presidential Decree No. 28900, May 5, 20