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(영문) 서울서부지방법원 2015.05.06 2014가단18820

미수금등

Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 71,990,000 to the Defendant (Counterclaim Plaintiff) and against this, from March 14, 2014 to June 25, 2014.

Reasons

1. Basic facts

A. The Plaintiff is a franchisor who runs a restaurant franchise business by securing 80 franchise stores across the nation with the trade name of “lurisungpo Vehicle,” and the Defendant, as a building interior contractor, was awarded a contract with the Plaintiff for approximately 45 franchise stores from January 201 to March 2014 from around March 2011.

(B) At the beginning, as a participant, the Plaintiff was operating the Telecommunications Corporation, and was establishing and operating the Defendant Corporation on December 6, 2012; hereinafter referred to as “Defendant” without distinguishing B from the Defendant Corporation.

The Plaintiff awarded a contract to the Defendant for the franchise theater construction, and the Plaintiff entered into a interior contract between the franchisee and the Defendant, and the franchisee directly pays the construction cost to the Defendant. The Plaintiff demanded the Defendant to provide approximately KRW 7-8 million per unit of the franchise among the construction cost received from the franchisee under the name of “business incentive” to the Defendant under the name of “business incentive”. In the early stage, the Defendant paid the business incentive as required by the Plaintiff.

After that, the Plaintiff demanded the Defendant to pay the amount calculated at the rate of 300,000 won per ordinary year according to the construction area, not a certain amount per construction project (the effect of increasing the business incentive was occurred). The Defendant also accepted such demand and paid the business incentive.

On October 2013, the Plaintiff demanded the Defendant to raise the amount of the business incentive to KRW 400,000 per square year, and the Defendant began not to pay the business incentive required by the Plaintiff from that time.

C. C points for which the Defendant completed construction on October 23, 2013, and D points for which construction was completed on December 6, 2013, even if the Defendant received the total amount of construction payment from the franchisees, the total amount of sales incentives calculated by the ratio of KRW 400,000 per square meter to the Plaintiff = 28.5 million = C points 15.9 million won.