손해배상(기)
Of the part of the judgment below against the plaintiff, the part equivalent to the entrusted fee for parking lot is reversed.
The grounds of appeal are examined.
1. Review of the reasoning and records of the lower judgment and the first instance judgment cited by the lower court reveals the following facts.
The Plaintiff with the management authority of the instant parking lot as indicated in the judgment of the court below, which is a public parking lot on the street, entrusted the management and operation of the instant parking lot to Defendant A Co., Ltd. (the representative director is the spouse of Defendant B; hereinafter referred to as “Defendant Company”) and the Plaintiff Co., Ltd. (two years from August 5, 2014 to August 4, 2016). In return, the Defendant Co., Ltd entered into the entrustment contract (hereinafter referred to as “instant entrustment contract”) with the Defendant Co., Ltd. to provide for advance payment of KRW 150 million, including value-added tax, for the first year (from August 5, 2014 to August 4, 2015) and second year (from August 5, 2015 to August 5, 2016).
B. After paying the first year consignment fee, the Defendant Company commenced the instant parking lot business.
C. However, on March 19, 2015, the Defendant Company expressed its intent to waive management and operation for the second year to the Plaintiff, and accordingly, the instant consignment contract was invalidated at the time of August 5, 2015, following the Plaintiff’s consent.
Nevertheless, the Defendants unilaterally asserted the withdrawal of the intent to waive the said renunciation and transferred KRW 150 million to the Plaintiff over July 1, 2015 and July 2, 2015, the commission fee of the second year was KRW 155 million, while occupying and using the instant parking lot without permission even after August 5, 2015, and delivered it to the Plaintiff on August 6, 2016.
E. Meanwhile, on July 27, 2015, the Plaintiff concluded an entrustment management contract with respect to the instant parking lot by setting the period of entrustment as KRW 100 million from August 6, 2015 to August 5, 2016 (including value-added tax) and the consignment fee (including value-added tax).
However, the Defendants are the instant consignment contract.