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(영문) 서울중앙지방법원 2020.09.23 2019나67182

공사대금

Text

The plaintiff's appeal and each conjunctive claim added by this court are all dismissed.

after the filing of an appeal.

Reasons

1. Basic facts

A. On May 17, 2017, the Plaintiff operating a franchise business called “D” entered into a franchise agreement with Nonparty C with the KRW 500 million, including store opening facilities and interior and interior works.

B. Upon the failure of intermediate payment and the suspension of the Indian Arts Corporation, C introduced to the Plaintiff the Defendant, a representative director of the KCAE.

C. On July 27, 2017, the vice presidentF and directors G of the Plaintiff Company prepared a written confirmation on the change of the operating entity and unit price adjustment (hereinafter “instant confirmation”) in the Defendant, C, and C, and C, as follows.

The bottom of the confirmation document of this case is indicated as the "EB Chairperson (A)/C Representative (A)/H Representative (A)", and the plaintiff and the head of the corporation in the Dispute Resolution Co., Ltd. affix their seals.

On May 17, 2017, the franchise agreement entered into between the plaintiff and C representative shall be terminated, and the agreement shall be entered into and operated independently with the E (or the designated person).

On May 31, 2017, the contract form for interior works entered into with the plaintiff and the plaintiff and the plaintiff shall be terminated, and the plaintiff and the plaintiff shall enter into a separate contract with the plaintiff and the plaintiff and the plaintiff shall participate in and complete the test.

The total contract amount and the price approval method between the plaintiff and the KIM shall be as follows:

Total amount: 200 million won (excluding value-added tax)

(b) Cost and value-added tax settlement - The remainder amount of KRW 150 million remaining after offering the down payment of KRW 50 million out of the total amount of KRW 150 million shall be reduced to KRW 20 million, and the remainder amount shall be reduced to KRW 130 million, and the remainder amount shall be reduced to KRW 100 million in cash on July 28, 2017, and the remainder amount of KRW 30 million shall be deducted from the remainder amount after opening.

On July 28, 2017, the Defendant remitted KRW 100 million to the Plaintiff.

E. On September 7, 2017, the part of the D Incheon Bupyeong Store franchise agreement (hereinafter “instant franchise agreement”) signed on September 7, 2017, stating that the name of the defendant was written in the name of the franchisee, and that “this agreement was written in accordance with the instant letter of confirmation.”