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(영문) 서울남부지방법원 2018.10.02 2018가단204767

기타(금전)

Text

1. The Defendant’s KRW 50,626,80 for the Plaintiff and its related KRW 6% per annum from August 1, 2017 to October 23, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff is a cooperative with the purpose of promoting the welfare of its members and establishing a sound yacht culture, and the Defendant is a company with the purpose of water-related leisure activities and operating sports facilities.

B. On April 19, 2016, the Plaintiff concluded a yacht lease agreement with the Defendant to lease part of the office of the Yeongdeungpo-gu Seoul Metropolitan Government (56.51mm2) for the lease of five yachts with the Defendant, and concluded a sailing service agreement with the Defendant on the mooring of the above-leased yachts and paying the rent for the operation of the said leased yachts.

Since then, the contract term of each of the above contracts was extended from May 20, 2017 to June 30, 2017.

The main contents of the above service agreement are as follows:

Article 4 (Operation Fee and Service Fee)

1. If a Party B (referring to the Plaintiff; hereinafter the same shall apply) operates a business at the marina of Party A (referring to the Defendant; hereinafter the same shall apply), it shall set the operating fee under the management provisions of Party A and shall be in charge of administrative affairs related to the receipt of the operating fee.

2.In the case of operating a yacht with the business of Eul, Gap shall pay 90% to Eul after deducting 10% of its sales.

3.In the event of operating a yacht through the operation of A, A shall pay 70% of its sales after deducting 30% of its sales.

In addition, the same condition shall apply to the use of a yacht by Eul's business.

4. The settlement of service charges shall be made on a monthly basis as of the last day of each month.

Article 6 (Use of Other Facilities)

1.In the event that a group event was held at the arm's length price for the facility A by the operation of the Party B, 5% of the sales shall be paid to Party B as operating expenses.

C. The Plaintiff was the same between April 2016 and June 2017.

As of the end of each month in accordance with the terms of the contract described in this subsection.