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1. Of the judgment of the court of first instance, the part against the Defendant (Counterclaim Plaintiff) that exceeds the amount ordered to pay below.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Plaintiffs concluded a construction contract of the instant interior term and paid the price for the construction of the Plaintiffs 1) The Plaintiffs, “G,” and “G,” are G franchising companies specialized in roasting a restaurant (hereinafter “G head office”).
B) The building located in the Geum-gu Busan Metropolitan Government E [the underground 1st floor, the second floor, the area of 501.65 square meters (151 square meters), hereinafter referred to as the “instant building”) is located in the Geum-gu, Busan.
[] A franchise store operator who entered into a franchise agreement with the operation of “G” franchise store, and the Defendants are the business operators who engage in the tegrative construction business under the trade name of “H” (the Defendants are married couple, and Defendant C is in charge of the actual construction business.
(2) On September 6, 2016, the Plaintiffs concluded a interior construction contract (excluding fire-fighting, electric extension, cooling, heating, heating, urban gas, and authorization and permission costs) under which the entire building of this case, including external franchise stores, is remodeled (excluding fire-fighting, electric extension, heating, heating, urban gas, and authorization costs) with the Defendants for the business of the said G franchise store, with the cost of construction of KRW 470,00,000, and the construction period from September 12, 2016 to October 31, 2016 (hereinafter “the foregoing construction work” and “the instant interior construction contract”).
The main contents thereof are as follows:
Article 4 (Methods of Calculation and Payment of Service Fees)
1. The basis or method of calculation of service costs shall be based on the price criteria;
Provided, That where on-site conditions and design conditions are special or duties are added, the consultation between "A" and "B" shall be determined.
2. The cost of the design work may be paid in lump sum or in installments.
50% 40% 188,000,000 won contract at the time of commencement of the planning design ( September 6, 2016) at the time of delivery of the interim design ( October 1, 2016) and 25% 47,000,000 won contract at the time of delivery of the shop design ( October 1, 2016) at the time of delivery of the shop design. 10% 10% 47,000,000 won prior to the end of the 24 October 2016)
3. To pay in installments the price.