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(영문) 서울중앙지방법원 2015.08.19 2014가합561753
하자보수금 등
Text

1. On June 1, 2014 to August 19, 2015, the Plaintiff (Counterclaim Defendant) paid KRW 24,500,000 to the Defendant (Counterclaim Plaintiff) and its related amount.

Reasons

1. Facts of recognition;

A. A. Around October 2013, the Plaintiff’s father, introduced food companies G (hereinafter “instant store”) that are expected to rent in F from E (hereinafter “instant store”) and had the Plaintiff enter into a contract for the operation of the instant store in the Plaintiff’s name.

B. In order to initiate the instant store business, franchise franchise agreements were necessary with the interior corporation and the G headquarters (stock company Es. Es. Es.).

C. On October 18, 2013, between the Plaintiff and the Defendant, who is engaged in the interior business, a contract for interior works relating to the instant store (hereinafter “instant construction”). The main contents are as follows. Of the instant contract for construction works, the signature of the contractor (A) was written by the joint Defendant E (as to Defendant E, the decision of recommending settlement that the Plaintiff renounces his claim was confirmed).

Construction amount: Period for construction of KRW 275,000 (excluding value-added tax): From October 22, 2013 to November 19, 2013

D. On October 22, 2013, E remitted to the Defendant KRW 44 million in the name of the Plaintiff and KRW 6 million in the name of H, E, his father, respectively, to the Defendant, and paid KRW 50 million in total as advance payment for the instant construction contract.

E. On November 10, 2013, the Plaintiff entered into a franchise agreement with EP, Inc., a franchisor of the instant store, and the main text thereof.

In return for the use of intellectual property rights such as G's trade name and trademark, the Plaintiff pays the first franchise fee, continuing franchise fee, contract performance bond, etc. to SP EP.

F. After that, on November 18, 2013, the Plaintiff paid construction cost of KRW 16 million to the Defendant, and on November 19, 2013, the instant construction was completed, and the Plaintiff started business at the instant store from November 21, 2013.

G. On November 22, 2013, the Plaintiff ordered the Defendant’s interior work.

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