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(영문) 서울남부지방법원 2017.11.23 2016가합109308
공사대금
Text

1. The Defendant’s KRW 69,401,00 for the Plaintiff and 6% per annum from October 13, 2016 to November 23, 2017.

Reasons

Based on the facts, the Plaintiff is an individual entrepreneur who is engaged in interior fishing with the trade name of “C,” and the Defendant is a company that operates a “D” brand that sells clothes, travel bags, etc.

From November 2014 to March 17, 2015, the Plaintiff, including the Plaintiff’s head office construction work, performed the Defendant’s design, design and 3D modeling work on the Defendant’s chain store concept, and performed the Defendant’s 3D model construction on the Defendant’s head office’s 3-story shock store, and the Defendant held a business explanation meeting on March 19, 2015.

On April 7, 2015, the Plaintiff and the Defendant entered into a contract with the Defendant to become an official engineer for the Defendant’s D chain stores (hereinafter “instant contract”). The main contents of the contract are as follows.

Article 3 (Duties and Approval of Party A)

1. During the contract period with the Plaintiff, Party A (Defendant) does not grant the right of execution of D chain stores to other companies.

Article 4(B)(Duties of Section 4(B) provides Party A’s chain store official designation entity with the following obligations:

1. Eul may meate with a design agreed upon only on the chain points at which Gap requested;

3. Eul shall not claim Gap, even if additional costs have occurred, except for the 2.3 million won unit price per class after the consultation of Eul.

Article 5 (Approval of Price)

1. A shall approve the price at the time of the chain construction of B, as follows:

(1) Advance payments: 40% of the total amount before the date of the execution of a chain store (2) intermediate payments: 10% of the price for the first 40% tea following the commencement of the execution of a chain store.

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