1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The Defendant (Counterclaim Plaintiff)’s claim extended in the trial is dismissed.

The plaintiff sought the payment of the unpaid construction cost as the principal claim of this case to the defendant, and the defendant asserted that there was no payment of the construction cost payable to the plaintiff and that the payment in excess of the construction cost was made in excess of the construction cost, and sought the return of the construction price paid in excess of the

The first instance court dismissed the Plaintiff’s claim of this case, and partly accepted the Defendant’s counterclaim, which only the Defendant appealed against the Defendant among the part concerning the counterclaim of this case in the first instance judgment.

Therefore, as long as the first instance court judged the principal lawsuit and the counterclaim by a single judgment, all of the claims in the principal lawsuit of this case and the counterclaim claims are transferred to the appellate court, which is the appellate court, but the claims in the principal lawsuit of this case, which do not have any lawsuit, are not subject to the judgment of the court, and only the claims in the counterclaim of this case appealed by the defendant are subject to the

Basic Facts

The plaintiff of the party concerned has operated three franchise stores from 2007 to 2007, including G chain stores closed on May 18, 201, while the defendant operated three franchise stores of the plaintiff from May 18, 201.

Before the instant case, the Plaintiff and the Defendant entered into a franchise agreement as above, followed by the estimated estimate by the Plaintiff, and finally settled the construction cost in such a way as to confirm the Plaintiff’s settlement report and to pay the Plaintiff the construction cost.

The Defendant prepared and delivered a written estimate between the Plaintiff and the Plaintiff on September 6, 2013, for the process of the instant construction and the Plaintiff’s preparation and delivery of a written estimate, shall perform the Plaintiff’s interior work (hereinafter “instant construction work”) at the 1st floor store on the Seo-gu Daejeon, Seo-gu, Daejeon (hereinafter “instant store”) leased by the Defendant on September 6, 2013, and the Defendant shall pay the said construction cost to the Plaintiff.