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(영문) 서울동부지방법원 2019.02.15 2016가단100967
원상회복 등 청구의 소
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 133,452,809 to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s counterclaim on February 29, 2016.

Reasons

1. Basic facts

A. On June 22, 2015, the Plaintiff entered into a franchise agreement with the Defendant, who is an external type of business franchise (hereinafter “instant franchise store”) at the terms of contract: from June 17, 2015 to June 16, 2017; 10 million won; and 4.4% (including value added tax) of the sales of royalty; the Defendant decided to enter into the instant franchise agreement at the rate of 347,100,000 (the name of payment and the amount indicated in the attached Table); the remainder of KRW 35 million; KRW 175,000; KRW 175,000; KRW 175,000; KRW 305,000; KRW 305,000,000,000,000 for intermediate payment; and the remainder of KRW 13,505,015,000,000 for intermediate payment.”

(hereinafter referred to as the “instant contract”) out of the total down payment, KRW 95 million is an interior work, and the said interior work is mainly an external work, for the purpose of separate construction work (e.g. removal, external mining work, signboard, interior strawing work, signboard, theater, external waved, marketing, etc.) cost, KRW 70,80,000,000,000,000,000 for interior work (i.e., household equipment, electricity, lighting, painting, metal and glass, fronts, interior works, etc.).

B. From May 29, 2015 to July 29, 2015, the Plaintiff paid the Defendant KRW 194,50,000, in total, as part of the down payment and intermediate payment.

C. On June 30, 2016, the Defendant appears to have subcontracted only part of the interior interior work of the instant franchise store to D Co., Ltd. (hereinafter “Nonindicted Company”).

Note 1 see each Note 9,779,000,000, and the period of work.

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