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(영문) 서울중앙지방법원 2016.09.29 2014가단5354304
부당이득금
Text

1. The Plaintiff (Counterclaim Defendant) stated the “amount claimed” stated in the separate sheet in the separate sheet to the Defendant (Counterclaim Plaintiff) and each of the above.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The plaintiffs are franchisees who entered into a franchise agreement (hereinafter in this case) with the defendant on the "30-minute movement and physical fitness center" (hereinafter in this case). The plaintiffs Gap is the franchisees who entered into a franchise agreement with the defendant, and the plaintiff Gap is the soft E club (the contract on September 6, 2010, the opening of October 18, 2010, the plaintiff Eul is the franchisee's business for the purpose of operating the sports facilities in this case, respectively.

B. The main contents of Article 10 of the franchise contract of this case are as follows.

10. Expenses for royalties and advertisements;

A. [Monthly Liber] A franchisee agrees that the franchisee will continue to pay to the franchisors an amount equivalent to five percent of the monthly gross income of the franchisee as defined in Article 10D below in return for the use of the Curves System and the Curves Mark (hereinafter referred to as “Monthly”) on a monthly royalties (hereinafter referred to as “monthly royalties”).

Monthly royalties shall be paid by the 10th of each month.

monthly royalties shall begin on the first day of the opening point of the chain facility for the general public (in the first month, in the calculation of the actual number of days of business conducted by a franchisee against the public) or on the date 180 days have elapsed from the date of conclusion of this Agreement, whichever comes first.

monthly royalties shall be paid in accordance with section 3A of this Agreement.

No value-added tax shall be included in a monthly royalties, which shall be borne by a franchisee.

The same shall also apply to all expenses that a franchisee pays to a franchiser, such as advertising expenses and other fees.

(b)

B. [Advertisements, Promotions and Publicity] A franchisee shall be defined under Article 10D, subject to the following limitations:

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