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1. The plaintiffs' appeal and the defendant's appeal against M&A, and the defendant's appeal against S&P are all dismissed.
Reasons
1. Basic facts
A. The relevant Plaintiffs are franchisees who operate Doza Doza (Piza Hut) with the right to operate a franchise store using the trademark, trade name, business system, etc. of “Piza” from the Defendant and run Doza Doza (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 the franchise store.
B. In order to operate each of the instant member stores, the Plaintiffs entered into a franchise agreement with the Defendant on each of the pertinent dates stated in the “Franchising date” column for “Franchising the franchise agreement,” and the Plaintiff K and C&F renewed the franchise agreement after the first franchise agreement.
(hereinafter collectively referred to as the “instant franchise agreement”). The main contents of the instant franchise agreement are as shown in attached Form 2.
C. According to the instant franchise agreement, the Plaintiffs paid the first franchise fee at the time of concluding the instant franchise agreement (i.e., USD 12,100, USD 48,800, and USD 12,100, USD 48,800, and the amount of the first franchise fee depending on the form of store, such as Lestop Specialized Sales and Delivery Special Sales
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.