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(영문) 서울남부지방법원 2016.12.01 2016가단211198
손해배상(기)
Text

1. The Defendant’s KRW 32,530,00 and the Plaintiff’s annual rate of KRW 5% from February 3, 2016 to December 1, 2016 and the following.

Reasons

1. Basic facts

A. On February 20, 2012, the Plaintiff entered into a contract for the establishment of a franchise store with the Defendant Company, which recruits an independent studio-type retail store, and the establishment of a franchise store with a franchise capacity of KRW 10 million, KRW 180 million, and KRW 100 million, and the interior and interior works (see attached Form A No. 2; hereinafter “instant franchise store contract”). According to this contract, the Plaintiff is in charge of fire-fighting authorization and permission for the place of business, and fire-fighting electricity.

B. On April 16, 2012, the Defendant Company was issued a certificate of complete installation of safety facilities, such as safety facilities, by an independent studio in the form of an independent studio in which the blocking walls and doors are installed under the instant franchise store agreement.

However, at the time, the defendant company submitted the design drawings in the form of partitions, not the independent room-type business place, to the competent authorities, and received the above certificate on the basis.

C. From April 2012, the Plaintiff operated the business with the trade name “C” at the place of business, and entered into a contract with D on January 1, 2016 with the instant franchise store, and issued an application for issuance of a complete certificate, such as safety facilities, on the Yeongdeungpo Fire Station.

However, the so-called “C” was reported as a type of business, but the actual type of business is a studio-type business establishment, thus refusing to issue the above complete certificate.

The Plaintiff, from January 12, 2016 to KRW 32,530,00 of the construction cost, additionally performed an artificial construction for the fire-fighting permit procedure, and issued a certificate of complete maintenance of safety facilities, etc., such as independent studio-type safety facilities, from the Young Fire Station around February 2016.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 7, and the purport of the whole pleadings

2. The allegations and judgment of the parties

A. According to the 1st fact, the Defendant Company completed the interior construction in the form of an independent studio in which walls and doors are installed under the instant franchise store agreement, and then from the competent authorities.

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