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(영문) 서울고등법원 2017.06.09 2016나2045364
부당이득금반환
Text

1.The judgment of the first instance shall be modified as follows:

Defendant

1. The Plaintiff’s list Nos. 2, 3, 8, 10, 11, 13, 15, 15.

Reasons

1. Facts of recognition;

A. The relevant Plaintiffs are franchisees who have obtained the right to operate a franchise store from the Defendant using the trademark, trade name, business system, etc. of “Piza Hut” and run the Piza Hut (hereinafter “the instant franchise store”). The Defendant is a franchisor that grants the right to operate a franchise store to the Plaintiffs and receives payment for the right to operate a franchise store.

B. In order to operate each of the instant franchise stores, the Plaintiffs entered into the franchise agreement with the Defendant on each of the pertinent dates stated in the “the date of concluding the franchise agreement” in the table of unjust enrichment stated in attached Table 2, and some of the Plaintiffs subsequently renewed the franchise agreement explicitly or implicitly after the initial franchise agreement.

(hereinafter collectively referred to as “instant franchise agreement”). The main contents of the instant franchise agreement are as shown in attached Form 3.

C. According to the instant franchise agreement, the Plaintiffs paid the initial franchise fee at the time of concluding the instant franchise agreement (i.e., USD 45,500, USD 22,400, USD 22,400, and the amount of the initial franchise fee at the time of the conclusion of the instant franchise agreement differs depending on the store types, such as Lestop Specialized Sales, and

2) The Defendant calculated fixed fees (e.g., royalties, 6% of total income), raw material expenses, call center expenses, other expenses (all kinds of fees, import machine, goods, goods, frchise Net, independent type mailer, NSO activities, POS/FA maintenance fees, etc.), advertising expenses (5% of total income), etc. on the basis of the monthly total income of each member store included in the sales cluster system, and then prepared a written claim for payment for each item and sent the written claim to the Plaintiffs by no later than the fifth day of the following month.

The plaintiffs shall pay fixed fees and various costs specified in the written claim for payment in the following month.

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