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(영문) 서울중앙지방법원 2015.02.05 2014가합534034
약정금
Text

1. The plaintiff's claim against the main defendant Ka Pesta Co., Ltd. and the conjunctive defendant B is dismissed in entirety.

2...

Reasons

1. On December 14, 2011, the Plaintiff entered into a franchise franchise agreement with Defendant Carpete Co., Ltd. (hereinafter referred to as “Defendant Company”) and franchise store installation.

After the Defendant Company completed the franchise store installation work, the Plaintiff started its business since January 28, 2012, a carpete D in Gangdong-gu C.

around October 19, 2012, Defendant B signed the “Agreement on D D D Defect Works” containing the following contents (hereinafter “the following”).

1. The first sitting of the D store head office of the instant case -1: on February 6, 2012, 2012, where the ceiling of the D store head office has been lowered twice due to defective construction works: Two board -2 sittings each of the ceiling head office front of the entrance and the inner ceiling inside the hole of the entrance on February 6, 2012: on October 11, 2012, where the upper ceiling of the table table, the upper ceiling of which is large inside the hole, has been lowered continuously once a hour together with the sound of the cover.

4. To pay in cash the full amount (168,00,000 won) of the construction cost for interior works and subsequent business losses, mental damages, and damages, etc. to the image of the store in accordance with the fact that there is no dispute (based on recognition), Gap, 24, 12, 13, 13, 1 Eul, and 1, witness E, F, and the purport of the entire pleadings.

2. Determination as to the claim against the primary defendant

A. Defendant B, on behalf of the Defendant Company, entered into a contract on defective construction works of the Defendant Company (hereinafter “instant contract”) as stipulated in the instant contract with the Plaintiff (hereinafter “instant contract”).

After the conclusion of the contract of this case, the defendant company's failure to perform its duty to pay KRW 168,00,000 as the defendant company's liability was determined according to the plaintiff's exercise of right of choice after the contract of this case was concluded, and the defendant company's failure to perform its duty to pay KRW 168,00.

Defendant B has legitimate authority.

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