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(영문) 서울중앙지방법원 2016.06.30 2015가합539029
부당이득금반환
Text

1. The defendant stated the remaining plaintiffs except the plaintiff A in the "amount of unlawful gains" column of attached Table 2.

Reasons

1. Basic facts

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. At the time of entering into the instant franchise agreement, the Plaintiffs paid the initial franchise fee (i.e., USD 45,500; USD 22,400; USD 22,400); and (ii) there is a difference in the amount of the initial franchise fee depending on the store types, such as Lestop Special Burial, delivery specialized store, etc.

2) The Plaintiffs paid monthly payments for the operation of the franchise store.

As to the instant franchise agreement, the Defendant calculated fixed fees (at the rate of 6% of the total revenue), raw material expenses, call center expenses, advertising expenses, 5% of the total revenue, etc. on the basis of the monthly total revenue of each member store included in the sales cluster system, and prepared a written claim for the price stated by item, and sent the above written claim to the Plaintiffs at the fifth day of the following month.

The Plaintiffs are designated by the Defendant by the due date (by the tenth day of each following month in the case of a substitute) for fixed fees and all costs stated in the written claim for payment.

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