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(영문) 서울중앙지방법원 2015.09.04 2014가합61840

공사대금

Text

1. The Defendant: (a) KRW 34,400,000 for the Plaintiff and 6% per annum from November 27, 2014 to September 4, 2015.

Reasons

1. Basic facts

A. The relationship between the parties 1) The Plaintiff is running cosmetic-related franchise store business in Seocho-gu Seoul Metropolitan Government D with the trade name of “C,” such as the Hague, four days, mercking, spacing, spacing, skin management, and spacing management. 2) The Defendant, while preparing for cosmetic-related business, was aware of the Plaintiff while preparing for cosmetic-related business, provided consultation on the overall cosmetic business and the membership of franchise stores.

B. On June 19, 2013, the Plaintiff recommended the Defendant to join a franchise store, and thereby soliciting the Defendant to enter a franchise store, the Plaintiff is entitled to the MOU as to the production of CIP (CIP) prior to the regular subscription (hereinafter “instant MOU”).

(2) On September 17, 2014, the Plaintiff and the Defendant agreed on the issue of opening regular member stores on September 11, 2014, and concluded a construction contract and a franchise store contract with the following content: (a) the Plaintiff and the Defendant agreed on the issue of opening regular member stores on September 11, 2014; (b) the Plaintiff did not enter into the contract due to the adjustment of KRW 170 million for the interior works cost; and (c) the Plaintiff decided to adjust the interior works cost as KRW 120 million on September 17, 2014; and (d) concluded the construction contract and the franchise contract with the following content:

(hereinafter in succession, the instant construction contract and the instant franchise store contract are “the instant franchise store contract,” and in total, the instant construction contract, etc. is “the instant construction contract, etc.”).

1. Construction name: F Corporation (hereinafter “instant construction”);

2. Construction site: Seo-gu Seoul, Seo-gu, 2. Two floors C.

3. Construction period: September 13, 2014; - October 2014 (the first Hague completed September 30, 2014);

4. Construction cost: 120 million won (excluding value-added tax) (general terms and conditions of construction contract) Article 3;

1. Contract documents shall consist of a written contract for interior works, general conditions of the contract for construction works, design and estimates for calculation, and shall have the effect of mutual supplementation;

Article 13 (Cancellation of Contract by Defendant, etc.)

1. The defendant may cancel or terminate all or part of the contract in any of the following cases:

The Plaintiff entered into an agreement without good cause.