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(영문) 광주지방법원 2016.08.25 2014가단527753
공사대금반환 등
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On June 19, 2013, the Plaintiff prepared a memorandum of understanding with the Defendant who engages in cosmetic-related franchise business with the trade name “C”. The relevant contents are as follows. Accordingly, on September 10, 2014, the Plaintiff paid KRW 1,500,000 to D, who is the Defendant’s partner. The first : CIP production cost (1,50,000) data and design cost, one lot of 1,50,000, one box of 1,500, one box of 2,000, one box of 2,000 (4: open prior education, salesroom education, consultation, business strategy, etc.), Internet advertising proposal, mobile advertising website production, Internet advertising website (2,00,000) production and design cost, 2,000,0000,0000 (1,50,000 won) and 3,000,000,0000 won (2,000).

The construction contract of this case

1. The name of the construction: Cmpis work (hereinafter referred to as “instant work”);

2. Construction site: Seo-gu, Gwangju, 2nd C;

3. Construction period: September 13, 2014; - October 2014 (the first Hague completed September 30, 2014);

4. Construction cost: 120 million won (excluding value-added tax) (general terms and conditions of a construction contract) Article 13;

1. The plaintiff may cancel or terminate all or part of the contract in the case falling under any of the following subparagraphs:

B. Where it is deemed impossible for the Defendant to complete the construction even if the contract period extended

(c) Where the purpose of the contract can not be achieved due to the defendant's contractual violation;

2. The cancellation or termination of a contract under paragraph 1 shall be made in writing to the defendant.

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