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(영문) 서울중앙지방법원 2016.04.29 2015가합552749

정산금 지급 청구의 소

Text

1. Defendant B Co., Ltd.: (a) with respect to KRW 194,458,064 and KRW 94,458,064 among the Plaintiff, from July 1, 2015, and KRW 100,000.

Reasons

Facts of recognition

The Plaintiff and Defendant B, a hotel consignment management contract between the Plaintiff and Defendant B, owned a building with the 18th floor above 594m2 in Jung-gu, Seoul and the 2nd floor above the ground (hereinafter “instant hotel”) and engaged in the business of entrusting the instant hotel.

On September 15, 2014, the Plaintiff received KRW 300 million per month from Defendant B (hereinafter referred to as “Defendant Company”) as commission fees, and entrusted the instant hotel management (hereinafter referred to as “instant entrustment contract”), and the contents of the instant entrustment contract relating to the instant case are as follows.

Article 4. Contract term and contract term of deposit: Construction of a building and deposit for advance payment from the opening point of time to 8 years: Gold ginseng hundred million won - Payment deadline: 100 million won at the time of contract deposit shall be deposited into the account A of Han Bank and the balance KRW 200 million shall

Article 5 Responsibilities and Rights "B" (trustee)

3. All employees' benefits and public charges (electric charge, communications charge, gas charge, water supply charge, fixtures, carrying on line, cleaning cost, environmental improvement share, repair cost, miscellaneous cost, facility maintenance and repair cost, etc.) necessary for the operation of a hotel shall be covered by the operating expenses paid from "A" to KRW 100 million.

( excessive costs shall not be claimed against A). The date of settlement and the date of settlement of accounts under Article 6 shall be KRW 300,000,000,000 per month from the 15th of each month and the end of the month, respectively, to “B” shall be paid to “B,” and the operating expenses shall be paid to “B” on the 20th of each month.

Article 7: From October 1, 2014, the date of commencement of entrusted management shall be 100 million won for October 2014, and 100 million won for October 31, 2010, and 100 million won for October 31, 201 shall be paid to "A", and "A" shall be paid to "B" in the amount of KRW 100 million for operating expenses on October 20.

November 15, 2014, 100 million won, and 150 million won on November 30, 2011, “B” shall be 250 million won to “A”.