부당이득금
1. The Defendant (Counterclaim Plaintiff) paid KRW 48,580,216 to the Plaintiff (Counterclaim Defendant) and its related amount from January 9, 2018 to January 25, 2019.
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
1. Basic facts
A. The Defendant is a franchisor under the former Act on Fair Transactions in Franchise Business (amended by Act No. 14135, Mar. 29, 2016; hereinafter “former Franchise Business Act”) that engages in franchise business, such as ordering a franchise store to sell half of the supporting goods, supporting business management, business activities, etc., and receiving franchise fees in return for the provision of education and control of business management, business activities, etc.
B. (1) On June 30, 2016, the Plaintiff entered into a franchise agreement with the Defendant Company to operate the “D store” (hereinafter “instant franchise agreement”) for two years from July 20, 2016 to July 19, 2018 (hereinafter “instant franchise agreement”). The main parts of the terms of the instant franchise agreement are as follows.
Article 1 (Purpose) The purpose of this Agreement is to prescribe all matters necessary for B to participate in A's franchise business as a franchise store and to run a franchise business by the franchise system, to faithfully perform them with mutual trust and cooperation and to contribute to the joint development.
Article 2 (Adjustment of Terms)
6. The term "franchise fee" means the consideration that Eul participates in a franchise business as at the time of the first franchise agreement, consideration for Gap's permission to use intellectual property, consideration for provision of manuals, and other extinguished money paid to Gap in return for provision of human resources, information and data for opening of the franchise store.
7. The term "roat" means money paid periodically to A in return for the use of trade names, trademarks, and other intellectual property rights, etc., and for the support, education, management guidance, etc. for business activities, etc., permitted under an agreement with B;
8. “Contract Performance Bond” shall be effective against B in order to secure the performance of the contract by B and the payment of the obligation or the amount of damages under this contract.