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(영문) 대전지방법원천안지원 2016.08.18 2015가단19519

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On April 2, 2015, the Defendant is a person who operates a health club with the trade name of “C,” and the Plaintiff was in charge of the personal radar (PT) in the Asia-si D located (hereinafter “instant health club”) operated by the Defendant, and the Plaintiff and the Defendant entered into a contract for the operation of the F Apartment PT (hereinafter “instant operating contract”).

【Defendant B”: Defendant B et al. and two other parties B enter into a PT contract as follows.

시설관리 및 회원관리 ◎ 단지명 : F 아파트 ◎ 소재지 : 아산 D ◎ 관리시설 : 헬스장, 골프장, GX룸, 샤워실 제1조(목적) 이 계약은 갑이 스포츠센터 관리에 효율을 높이고자 그 운영에 필요한 사항을 규정함을 목적으로 한다.

B shall enter into this Agreement by contract with Party A and with regard to PT.

(P) The right to operate with respect to the importation shall be given priority to B. Article 2 (Contract Term)

1. The period of entrusted management of a sports center shall be one year from April 6, 2015 to April 5, 2016;

Provided, That in the absence of any special defect, A shall grant B the extension of the contract or the right of priority.

Article 3 (PT Payment)

1. Eul shall pay 900,000 won per month from the contract date to Gap;

2. Deposit shall be KRW 2,00,000,00,000 for a two-month PT payment.

B. The Plaintiff, in February 2016, operated by the Defendant in the instant health club (PT), did not pay KRW 90,000,000, which was agreed to pay monthly from October 2015 to H, as the Plaintiff’s husband and the actual operator of the said health club, due to the inequality with H.

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1, Eul evidence 3, the purport of whole pleading

2. Determination:

A. The Plaintiff’s assertion 1) The Defendant’s husband and the actual operator of the instant health club are different from the Defendant’s operation of the Defendant, which had previously been conducted by the Plaintiff.