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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a company that engages in the business of the tesenal construction business, etc., and the DefendantDado Global Co., Ltd. (hereinafter “Defendant Company”) operates a coffee franchise franchise franchise chain store, which is a company that engages in the business of coffee chain.
On the other hand, between Defendant Company and Defendant Company, Defendant A and Defendant B are those who enter into and operate the franchise agreement on the F Points, and Defendant C are those who enter into and operate the franchise agreement on the F Points.
B. On July 2013, the Plaintiff concluded a construction contract for maintenance and repair of the D points with the Defendant Company, and completed the construction work on August 7, 2013, starting from August 7, 2013, and completing the construction work on August 11, 2013. The costs required for the said construction work are KRW 7,465,200 in total.
C. On June 18, 2013, the Plaintiff entered into a construction contract with the Defendant, setting the construction period of E points as KRW 120,340,00 with respect to the construction period from June 14, 2013 to July 19, 2013. As to F points, the Plaintiff entered into each construction contract with the Defendant, setting the construction period as KRW 63,360,000, with respect to the construction period from August 13, 2013 to September 10, 2013.
[Ground of recognition] Facts without dispute, Gap 1 to 3 evidence (including each lot number list; hereinafter the same shall apply), Eul 1 evidence, and the purport of the whole pleadings
2. According to the above facts finding as to the claim on the D points, the defendant company and the defendant A are jointly liable to pay to the plaintiff 7,465,200 won and damages for delay from August 13, 2013, which was after the completion date of construction.
Meanwhile, according to the statement in Eul evidence No. 4, the Plaintiff is obligated to pay KRW 14,356,22, which is the fixed amount of litigation costs following the decision on May 17, 2016 to the Defendant Company for the determination of the amount of litigation costs in accordance with the decision on the determination of the amount of litigation costs in accordance with this court’s 2016Kama807. Thus, if set-off is based on May 17, 2016, the above two claims are set-off, which is the set-off date, the Defendants are not obliged to pay to the Plaintiff. Therefore, the Plaintiff
3. Determination on E points and F points
A. The plaintiff's assertion.