임대료(확정수익금)청구
1. The judgment of the court of first instance is modified as follows.
Defendant B Co., Ltd. shall pay to the Plaintiff KRW 594,805,401.
1. The reasoning of the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, in addition to the dismissal of the corresponding parts of the judgment of the court of first instance as follows. Therefore, the reasoning of the judgment of the court of first instance, including summary language and the attached Form, shall be cited in accordance with the main sentence of Article
[Attachment] Part 3 to 10 pages 3 to 10 of the judgment of the court of first instance are as follows.
A person shall be appointed.
B. The fact that Defendant B entered into the instant contract for the transfer of operating rights with Defendant C on June 30, 2017. Article 2 of the instant contract for the transfer of operating rights provides that “Defendant B shall transfer to Defendant C the lease contract and the entrusted operation contract with the sectional owners on the instant hotel business, the terms of the contract with the customer, and all rights and obligations accompanying the above matters, and Defendant C shall continue to operate and settle the instant hotel business by succeeding Defendant B’s hotel business by acquiring them,” and Article 3 provides that “Defendant C shall take the total amount of assets and total amount of liabilities on the books of the branch office of Defendant B as of June 30, 2017 as of the date of transfer and acquisition as of June 30, 2017, according to the purport of the entry and the entire argument of evidence No. 18, Defendant C shall file an application for the transfer of operating rights with the mayor at the beginning of July 3, 2017, and shall be recognized as being operated from the time of the instant hotel succession.
However, comprehensively taking account of the above recognized evidence and evidence Nos. 22 and 23 as well as the overall purport of the pleadings, Defendant B shared profits while operating the hotel of this case with Defendant C even after June 30, 2017, which was the date when the contract for the transfer of the operating right of this case was concluded, until August 2017 when Defendant C actually operated the hotel of this case with Defendant C.
① Defendant C from June 30, 2017, which entered into the instant operational right transfer contract.