영업권 양도절차이행 등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On May 15, 2013, the Plaintiff registered as an intra-company director of the Defendant Company, and agreed to manage the Defendant Company until the normalization of the Defendant Company and the return of investment amount, as the representative director G, H, and intra-company director I, etc. of the Defendant Company are liable for the insolvency of the Defendant Company on June 27, 2013.
On April 2014, G had a dispute over the management right between the Plaintiff and G, and around that time G had managed the Defendant Company.
B. Around July 2013, Defendant Company entered into an entrusted management agreement with Yan City, etc., D 1, 2, and the community center of D 1, 2, and C, C, F, and F, E, Inc. on January 20, 2014.
C. Since then, the Plaintiff and the Defendant Company entered into a contract for transfer of operating rights and an agency operation contract with the following contents:
1) On January 2, 2014, Article 1 of the Agreement on Transfer of Operating Rights (transfer amounting to KRW 264,000,000) entered into on January 2, 2014, the Defendant Company receives KRW 264,00,000 as premium and transfers all the management and operation rights of the Fence Center to the Plaintiff.
Article 2 The plaintiff shall fulfill all the terms and conditions of the contract with the defendant company in accordance with the operating contract between the defendant company and the defendant company.
B) On the same day, the Defendant Company, under Article 1 of the Fice Center Act, assumes that the Plaintiff has invested KRW 264,00,000,000 in the Fice Center’s operation and management, is premised on the repayment of the highest principal as the profits accrued from the operation and management of the Fice Center. The profits accrued after the repayment of the principal under Article 2 shall be allocated to the Plaintiff 30% and the Defendant Company 70%, and the monthly profits shall be calculated from the first day to the last day, and the Defendant Company shall deposit its profits to the Plaintiff by the tenth day of the following month after the settlement of accounts. The Defendant Company, under Article 3, shall report to the Plaintiff each month all the revenue and expenditure incurred in the operation and management of the Fice Center. 2) The community center in D apartment complex.