logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.08.30 2016가단5161445
부당이득금
Text

1. The Defendant: 20,068,843 won to Plaintiff A; 24,737,762 won to Plaintiff B; 17,898,121 won to Plaintiff C; and 4,23.

Reasons

1. Facts of recognition;

A. The Plaintiffs entered into a franchise agreement with the Defendant, the franchisor operating the franchise business, with the content that “the date of concluding the franchise agreement” as set out below, and that the Defendant would be entitled to operate a franchise by using the trademark, trade name, and business system of “Pizza Hut” (hereinafter “instant franchise agreement”), and that the Defendant would pay franchise fees, etc. (hereinafter “the instant franchise agreement”). The term “member store name” refers to the Plaintiff’s franchise agreement (or operated each of the instant franchise stores) during the franchise agreement period from January 1, 2008 to July 31, 2014, each of the BF stores around 2010 to April 1, 2018, 201 to April 1, 2018, 2018, respectively.

B. During the operation of each member store, the plaintiffs calculated fixed fees (5% of total revenue), raw material expenses, call center expenses, and other expenses (all kinds of fees, independent mail servers, etc.), advertising expenses (5% of total revenue), etc. based on the monthly gross revenue of each member store combined with the sales house system, and then prepare a written claim for the amount indicated by item. At the fifth day of the following month, the plaintiffs sent the above written claim to the plaintiffs. The plaintiffs paid the money as stated in the written claim for the payment (10 days in total) to the defendant by the payment deadline (10 days in total) (hereinafter referred to as "prices"), and the amount paid to the plaintiffs by the deadline for the payment of the money as stated in the written claim for the payment (hereinafter referred to as "payment"), SSC Adm (hereinafter referred to as "Administm") among the above payments, are as stated in the written statement of payment by the plaintiffs.

C. From April 20, 2012, the Defendant entered into a new franchise agreement or renewed the existing franchise agreement, the following terms and conditions are not the same.

arrow