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(영문) 서울북부지방법원 2016.02.16 2015가단20350
공사대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On November 21, 2013, the Defendant asserted that the Plaintiff: (a) concluded an agency contract with the head office Sh School, Inc., Ltd., the head office (hereinafter “FFE”) for the opening of the franchise store; (b) concluded an agency contract with the Plaintiff for the opening of the franchise store; and (c) the head office of the franchise store concluded an agency contract with the Plaintiff for the interior of the franchise store; and (d) the Defendant concluded an additional interior construction contract with the Plaintiff’s employee C separately from the Plaintiff’s employee C on March 11, 2014; and (b) accordingly, the Defendant is obligated to pay the Plaintiff the construction price of KRW 20,5

2. Determination

A. In light of the facts without dispute, Gap evidence Nos. 5, 6, 8, 10 (including the branch numbers), Eul evidence Nos. 1, 2, and 5, and the whole purport of the pleadings, the defendant entered into a franchise agreement with the headquarters of the franchisee on November 21, 2013. The defendant entered into the above agreement with the headquarters of the franchisee on November 21, 2013 and decided to deposit the franchise fee, including the artificial park construction cost, to carry out the artificial park construction under the supervision of the headquarters of the franchisee at the defendant's expense (Article 14), the additional public road case (the artificial road construction, the additional signboard construction, and other separate construction), and the defendant agreed to pay the price separately to the defendant at the headquarters of the franchisee at the time of settlement of the balance including the expenses incurred therein (Article 23), and the defendant entered into an agreement with the defendant's headquarters on May 21, 2013 and the defendant's Central Headquarters of the store on May 24, 2014.

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