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(영문) 서울남부지방법원 2016.05.13 2015가단35991
손해배상(기)
Text

1. The Defendant paid KRW 7,911,00 to the Plaintiff KRW 5% per annum from April 6, 2016 to May 13, 2016.

Reasons

1. Occurrence of liability for damages;

A. (1) On September 11, 2014, the Plaintiff entered into a franchise agreement with the Defendant who runs a franchise business in the name of “B” and the Plaintiff’s franchise agreement with the second floor of the building located in Gangseo-si C, which is called “BJ” on the second floor, and according to the said franchise agreement, the Defendant entered into an interior decoration construction with the said franchise store.

(2) On October 8, 2014, the Plaintiff commenced a franchise store business. The Plaintiff’s number of water leakages occurred in the main bank of the said franchise store, etc., and the Defendant was performing a defect repair work for three days from October 22, 2014 to October 24, 2014.

(3) The Plaintiff and the Defendant agreed on November 1, 2014 regarding the defect repair works implemented as above, as follows:

(1) The defendant shall pay 4.5 million won as operating losses of a franchise store during the defect repair period to the plaintiff.

(2) The defendant shall be liable for expenses incurred in repairing the car center on the first floor of a building in which a chain store is located.

(3) After completion of defect repair works, the Plaintiff shall pay the Defendant a balance of 9,6140,000 won, including the interior decoration work cost, etc., 2,11.40

(4) According to the above agreement, until November 2, 2014, the Plaintiff paid the Defendant the remainder of the franchise fee calculated by deducting the Plaintiff’s operating loss by KRW 4.5 million and the Plaintiff’s remuneration cost of the first floor car center from KRW 9.5 million.

(5) Even after the Defendant’s repair work on the said franchise store, the said franchise store has defects of waterproof treatment, the water quality of the floor bed, the water flow of the drain pipe, the water flow of the drain pipe, the defect of the window installation, the defect of the exhaust pipe installation, the defect of the exhaustr, the pollution of the first and second floors remote areas, the self-fixed defect of the entrance, and the defect of the entrance screen.

[Ground of recognition] A without dispute, entry of Gap evidence 1 to 4, 6, and 9, appraiser D's appraisal result, the purport of the whole pleadings

B. According to the facts of the above recognition, the defendant shall compensate the plaintiff for all damages suffered by the plaintiff due to the defects that occurred during the interior decoration work for the above franchise store.

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