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(영문) 서울중앙지방법원 2019.05.08 2018가합532319

공사대금

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 30,000,000 to the Plaintiff (Counterclaim Defendant) and its related amount from August 9, 2016 to January 21, 2018.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a franchisor that runs a franchise business for the operation of reading rooms and posters, etc. using the business mark called “C”, and the Defendant is a franchisee of the “C (C)” on the 3th floor of Seoul DD building (hereinafter “instant franchise store”).

B. On January 21, 2016, the Defendant entered into a franchise agreement with the Plaintiff, setting the contract term of the instant franchise store as “five years (60 months from the date of conclusion of the contract)” (hereinafter “instant franchise agreement”), and the parts relating to the instant franchise agreement relating thereto are as follows.

4. Installation cost: 280,800,000 won, value-added tax: 28,080,000 won, total construction cost, 308,880,000 won; and

5. Date of the beginning of the construction period: The remainder of 2056,160,616,000 won which does not exceed 20 days after the completion of the contract of KRW 50,16,616,76,00 for the remainder of 20 days after the completion of the contract of KRW 30,84,240,000 for the amount of tax in the amount of tax classified as of April 13, 2016 (%) 8,424,64,000 for the down payment of the down payment of the tax amount of KRW 92,64,00 for 140,40,000 for 154,440,000 for 20 days after the completion of the contract of KRW 56,160,00 for the remainder of 56,616,000 for 61,76,000 for the open payment of KRW 280,008,008 won.

6. The balance of payment of which is KRW 30 million shall be deferred for three months.

Article 5 (Site Selection and Business Area) (1) The “A” (hereinafter the same shall apply) shall classify the business area, and the “B” (the defendant; hereinafter the same shall apply) shall select the location of a store under his/her responsibility.

(3) Even if “A” advises on the selection of the location of “B”, the final decision-making is made by “B”, and the sales and profit amount of the store may vary due to changes in the management ability or conditions of “B”, and the confirmation of the authorized matters related to the open opening of the store and the rules of commercial buildings, etc. is the responsibility of “B”.

Article 33 (Termination of Contract) (2) In any of the following cases, “B” shall notify “A” of the letter of request to correct the violation, and if it is not corrected even after one month has passed, this shall apply: