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(영문) 서울고등법원(춘천) 2020.11.11 2020나785

위탁운영대금

Text

The judgment of the first instance is modified as follows.

2. The Defendant’s KRW 48,843,009 for the Plaintiff and its related costs on May 6, 2018.

Reasons

1. Basic facts

A. The Plaintiff is a company with the purpose of leasing and selling a golf course vehicle (hereinafter “golf car”), and the Defendant is a company running a golf course “C” (hereinafter “instant golf course”).

B. On April 1, 2011, the Plaintiff entered into a contract with the Defendant to pay the costs of the golf car operation facilities to the Defendant, purchase and operate the golf car, and in return, to receive a certain ratio of the sales amount from the Defendant as the fee for entrusted operation.

(hereinafter “instant contract”). The main contents of the instant contract are as follows.

Article 3 (Period of Contract) The term of contract shall be five years from the commencement date of business, but if one of the original defendants does not notify his intention of termination in writing at least three months prior to the expiration date of the contract, the contract in this case shall be deemed to have been automatically extended for two years.

Provided, That the contract terms shall be determined by mutual consultation between the plaintiff and the defendant.

Article 5 (Purchase of Equipment, Installation of Facilities and Payment of Fees)

1. The Plaintiff shall select and purchase golfcars after consulting the Defendant with respect to the golfcar and quantity operated in C, and the leading line and the central control board in the course for operation shall be established by the Defendant, and the Plaintiff shall pay the fees of KRW 775,000,000 (including surtax) to the Plaintiff.

Article 11 (Approval of Fee Rates for Golf Entrusted Operation and Price)

1. The fee for entrusted operation shall be 95% (excluding value-added tax) of the total sales for the first four years, and 50% (excluding value-added tax) of the total sales after four years;

2. The full amount of the car fee shall be the sales of the defendant.

3. The defendant shall settle the total sales as of the end of each month and pay the fees for entrusted operation of golf cars to the plaintiff by the fifth day of the following month.

Provided, That where the approval date is a holiday of a financial institution, it shall be paid on the following day of leave.

4. The fee rate of consignment operation may be adjusted under the agreement of the plaintiff and the defendant.

Article 13 (Termination of Contracts) Any of the following grounds: