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(영문) 서울고등법원 2018.11.16 2017나2072318
손해배상(기)
Text

1.The judgment of the first instance shall be modified as follows:

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is KRW 45,550,000.

Reasons

1. Basic facts

A. On May 19, 2015, the Plaintiff entered into a franchise agreement with C points (hereinafter “C points”) and entered into a franchise agreement with D as to E points (hereinafter “E points”) on June 22, 2015.

B. On June 10, 2015, the Plaintiff and the Defendant: (a) KRW 231,00,000 [30,000 (30%) for the construction work; (b) KRW 57,750,00 for the first progress payment (25%) at the time of commencement; (c) KRW 57,750,00 for the second progress payment (25%) at the time of completion of the construction work; (d) KRW 46,20,00 for the remainder (20%) at the time of completion of the construction work; and (e) KRW 20,50 for the construction work at the time of completion of the construction work at the 205th five (15th) before the end of the 15th (15th); and (e) KRW 45,00 for the construction work at the time of completion of the construction work; and (e) KRW 205,750,000 for the construction work at the time of completion of the construction work at the 205th (35th).7th).

C. By July 27, 2015, the Plaintiff paid the Defendant KRW 18,480,000,000,000 for the second completion payment as stipulated in the Point C Contract for Construction Work, and KRW 53,784,500,000 for the first completion payment as stipulated in the E Point Contract for Construction Work until July 10, 2015.

[Reasons for Recognition] Facts without dispute, entry of Gap 1 through 5 (including additional entry; hereinafter the same shall apply) and the purport of whole pleadings

2. Determination as to the claim on the principal lawsuit

A. The Defendant asserted by the Plaintiff 1 as to the claim for damages arising from the contract for the construction of the store C shall not complete the construction of the store C by July 15, 2015, which is the deadline for completion of the construction work.

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