(영문) 대구지방법원 2016.12.08 2016나305103

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(영문) 대구지방법원 2016.12.08 2016나305103

약정금

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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. F established the Plaintiff on September 18, 2014 by operating a franchise business with the trade name “D (C)” (hereinafter “instant carpet”) and transferring all of the aforementioned business rights, assets, etc. to the Plaintiff.

(hereinafter referred to as “Plaintiff, etc.”) b. by referring to F and the Plaintiff.

The plaintiff et al. entered into a franchise agreement with the franchisor of the instant car page and provided all support for the operation of the franchise store, the training of the franchise store operating method, the provision of interior equipment, and other operation of the franchise store to the franchisee.

C. The Defendant, as the trade name of “E”, concluded a contract for the interior construction with the following content as the store owner of the instant carpet.

1) On August 14, 2014, the Defendant issued the instant car page H store (hereinafter “H store”).

(B) contract(hereinafter referred to as “contract(s)(1)(3950,000 won (including value added tax; hereinafter the same shall apply) x 63 of the cost of the H store interior works between G and G, the store owner of which is the franchisee of G, to receive the contract(s)(s)(1)(3950,000 won (including value added tax

(2) On August 30, 2014, the Defendant concluded a contract with K, the store owner of the instant carpet store (hereinafter “L store”) with the content that “L store interior work is determined as KRW 12080,000,000 ( KRW 1760,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000).”

3) On September 2, 2014, the Defendant rendered the instant carpete J points (hereinafter “J points”).

(i) between I and I, the member shop owner of the J store, “a contract under the terms and conditions of the contract (i.e., 1.65 million won x 70 square meters of the average construction cost) to be entered into and received for the construction work at KRW 115,55 million (i.e., 1., 1.65 million x

D. D.

The defendant paid KRW 2,079,000 to the plaintiff on September 19, 2014, and the plaintiff issued a tax invoice equivalent to the above amount to the defendant.

E. The Plaintiff, etc. is the Defendant on September 24, 2014.

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