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(영문) 대구고등법원 2015.11.04 2014나21527

전부금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. Management entrustment contract between the defendant and E 1) The defendant is a Q hotel located at the time of the racing (hereinafter referred to as " hotel").

A) As of November 28, 2007, a company running a business and owned 10,000 shares were C (5,000 shares), D (2,50 shares) and R (2,500 shares). The Defendant’s representative director signed an entrustment contract for hotel management rights (2,50 shares) with the content that the Defendant may cancel the contract with E and F for five years from January 1, 2008 to December 30, 2012, with the consent of shareholders, and the Defendant took office on October 1, 2008 in accordance with the entrustment contract of this case. < Amended by Presidential Decree No. 20420, Nov. 28, 2007; Presidential Decree No. 21035, Dec. 1, 2008; Presidential Decree No. 21020, Dec. 30, 2012>

(1) The deposit to be paid to the defendant by E and F shall be KRW 50 million, monthly entrustment fees shall be KRW 12 million for the year 2008, and KRW 14 million for the year 2009 and KRW 14 million for the year 2009, and may be raised annually by the price increase rate and the bank at a rate of increase in 5 to 10% for each year.

(2) E and F shall make initial investments of at least 150 million won within two months in the construction of hotel facilities, and in the case of cancellation after three years, the defendant shall return the amount computed by deducting 20% each year from the total initial investments to E and F.

However, the initial investment field and the amount of investment shall be determined transparently by means of open competition, such as jointly participating by the defendant and EF, selecting a business operator and adjusting the price, and the defendant and EF shall jointly determine the initial amount of investment when the initial investment is completed.

(3) E and F shall have the representative director assigned to the defendant, and real estate security and loan cannot be granted, and lease of incidental facilities shall be subject to prior consultation.

(4) If E and F subleases a hotel to a third party or delays monthly commission, etc. for at least two months, the defendant may cancel the contract, and in such cases, E and F shall not demand the return of the facility investment cost.

(b).