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1. The Defendant’s KRW 859,316,707 as well as 5% per annum from January 5, 2016 to December 21, 2017 to the Plaintiff.
Reasons
1. Basic facts
A. From 197, the pertinent Plaintiff of the parties is a franchisee who has been, or is operating, each Piza Ba (hereinafter “each of the instant franchise stores”) in each of the entire regions by obtaining the right to operate a franchise store from the Defendant using the trademark, trade name, business system, cooking method, etc. of “Piza Hut” from the Defendant, and the Defendant is a franchiser that grants the Plaintiff the right to operate each of the franchise stores and receives the payment for the right to operate the franchise business.
B. In order to operate each of the instant member stores, the Plaintiff entered into the franchise agreement with the Defendant on each of the pertinent dates stated in the “the date and time of the agreement” in attached Table 1, and the Plaintiff, with respect to certain member stores, either explicitly or implicitly, renewed the franchise agreement 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 2.
C. The Plaintiff paid the first franchise fee at the time of entering into the instant franchise agreement. 2) The Defendant calculated fixed fees (at the rate of 6% of the total revenue, 6% of the total revenue), raw material expenses, call center expenses, other expenses (all kinds of fees, revenue instruments, goods, goods, frchise Net, independent type mailer, NSO activities, POS/FA maintenance fees, etc.) on the basis of the monthly total revenue of each member store included in the sales house system with respect to the instant franchise agreement (hereinafter “instant fixed fees, etc.”), and then written a written claim for the payment for each item, including advertising expenses (5% of the total revenue, etc.), and sent the written claim to the Plaintiff at the fifth day of the following month.
The instant fixed fees, etc. are the items on which the instant franchise agreement is based.
The plaintiff shall pay the fixed fees, etc. of this case as stated in the written request for payment, following each month.