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(영문) 대구지방법원김천지원 2015.12.18 2014가합2764

청구이의

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 December 12, 2013, the Plaintiff was a juristic person established for the purpose of real estate rental business, operation business of film theaters, etc., and C, the representative director of the Plaintiff, was appointed as the president of the medical corporation Dental E Hospital (hereinafter “instant foundation or hospital”) and resigned on September 30, 2014.

The term of contract under the consignment operation contract: the entrusted operation deposit for March 1, 2014 to February 28, 2017: Article 2 (unit price) of the KRW 300 million shall be provided to the instant hospital as a single restaurant per patient and employee, with meals.

Provided, That where an additional tax arises, it shall be separately imposed.

In addition, due to the employment of dietitians and cooks, the hospital of this case shall be allocated 60% and the plaintiff shall be allocated at the ratio of 40% to profits except for personnel expenses when additional dues accrue.

Article 3 (Methods of Settlement) The Plaintiff shall calculate the total number of occasions as of the end of each month and request the instant hospital, and the instant hospital shall deposit it into the account designated by the Plaintiff by the end of the following month as of the date of request.

Article 4 (Deposit for Entrusted Operation) (1) The defendant shall deposit this contract into the account designated by the hospital of this case at the same time with the conclusion of this contract.

(2) The instant hospital shall return the deposit for entrusted operation to the account designated by the Defendant immediately after the termination or termination of the instant contract.

③ The instant hospital is jointly and severally liable with the Plaintiff and C with regard to the entrusted operation deposit and claim amount.

B. On February 28, 2014, the Defendant entered into a restaurant operation consignment agreement (hereinafter “instant contract”) with the instant foundation on the following terms, and the Plaintiff and C jointly and severally guaranteed the Defendant’s debt to the instant foundation, and the Defendant paid KRW 300 million to the instant foundation at that time.

C. On March 19, 2014, the Plaintiff, the Defendant, the Foundation of this case, and C are as follows: (a) No. 163 of the notarial deeds on debt repayment contracts with the following content: < Amended by Act No. 1631, Mar. 19, 2014>