logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2015.10.08 2013가단28330
부당이득금
Text

1. The Defendant’s KRW 2,822,864 with respect to the Plaintiff and KRW 5% per annum from May 24, 2013 to October 8, 2015.

Reasons

1. Facts of recognition;

A. The Defendant is a franchisor that granted franchisees the right to operate a franchise store with the trade name of “B” and operated the instant convenience store from August 27, 2008 to July 201, with the content that the Plaintiff and the Defendant were granted the franchise license with respect to the instant convenience store B (hereinafter “instant convenience store”).

B. Of the instant franchise agreement, the details on the distribution of profits between the Plaintiff and the Defendant are as follows.

(A) Of the terms of a contract, “A” refers to the defendant, “B” refers to the plaintiff, and “B” refers to the plaintiff. Article 40 (Franchis Fee)

1. A franchise fee is the total sum of the franchise fee and other sales belonging to A, calculated by multiplying the product gross sales profit by the franchise fee rate in attached Form 9.

The method of allocating profits of other sales shall be governed by A's separate criteria.

2.B shall pay A a franchise fee each month through the settlement of accounts.

Attached Form

(9) (Franchising Fees) The franchise fee for goods referred to in article 40 shall be calculated monthly, and shall be paid at the rates determined by the following, based on the gross sales profit for the goods:

Any content that sets forth 25 to 30% for each gross sales profit entered in the original form shall be deleted, and the gross sales profit for goods shall be additionally supported by 10%.

The details in the original form are as follows:

Not more than KRW 12,00: KRW 3,60,000 more than KRW 12,000 but not more than KRW 16,000: KRW 3,60,000 + KRW 29%, but not more than KRW 2,00,000: KRW 4,760,000 + KRW 16,000 + KRW 28%,00,000 in excess of KRW 2,4 million but not more than KRW 2,000: KRW 5,880 + KRW 27%,00 in excess of KRW 2,4,000 + KRW 6,960 + KRW 2,4,000 in excess of KRW 2,50 per cent, (13), and the following terms related to A and B’s operating profits used in this contract are as follows:

arrow