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(영문) 울산지방법원 2014.12.09 2014가단16974

관리비

Text

1. The defendant shall be the plaintiff.

(a) As regards KRW 35,964,00 and its 3,996,00 among them, from April 11, 2014 to its 3,96,000 among them;

Reasons

1. Basic facts

A. A. Around January 2010, the Defendant entered into an entrusted management agreement (hereinafter “instant entrusted management agreement”) with the Plaintiff on the terms that the Defendant installs 30 coffee vending machines in C hospital, and pays 132,000 won per month (the sum payment of KRW 3,996,00,000) to the Plaintiff as the entrusted management expenses per month (hereinafter “instant entrusted management agreement”).

The term of the instant consignment management contract was renewed one year (by December 31, 2010) or later.

B. On December 27, 2013, the Plaintiff sent to the Defendant a certificate of content that the instant consignment management contract is terminated with the contract maturity.

C. The Defendant continues to conduct business without removing coffee vending machines until the date of closing the argument in the instant case. The Defendant did not pay the entrusted management expenses to the Plaintiff by February 2, 2014. The sum of the entrusted management expenses that the Defendant did not pay to the Plaintiff from March 2014 to November 2014 is KRW 35,964,00.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 6, purport of whole pleadings

2. According to the above findings of the determination, the instant consignment management contract expired on December 31, 2013.

Even after the termination of the instant consignment management contract, the Defendant: (a) installed 30 coffee vending machines within C hospital, and gets profits from its business; and (b) confirmed the profits amounting to KRW 3,96,00 per month from the consignment management expenses of the instant consignment management contract; (c) after March 1, 2014, the Defendant is obligated to return to the Plaintiff the amount equivalent to the benefits accrued in the ratio of KRW 3,996,00 per month from the date of removal of coffee vending machines owned by the Defendant in C hospital until the removal of coffee vending machines.

Although the defendant invested a large amount of money to operate a coffee machine business, he was notified of the termination of the instant entrusted management contract due to the plaintiff's internal circumstances. However, the contract term of the instant entrusted management contract is unfair.