beta
(영문) 서울동부지방법원 2014.04.30 2013가합104613

손해배상(기)

Text

1. The Defendants: (a) each of the Plaintiff KRW 2,736,854,179 and KRW 2,488,871,484 from October 3, 2013 to April 30, 2014.

Reasons

1. The facts following the premise facts do not conflict between the parties, or can be acknowledged in full view of the whole purport of the pleadings in each description of Gap evidence Nos. 1 to 4, Gap evidence No. 12 to 16, Eul evidence No. 7 (including the serial numbers, hereinafter the same shall apply).

On April 30, 2008, C Co., Ltd. (hereinafter referred to as “C”) entrusted C with the management of the instant parking lot from May 1, 2008 to April 30, 2009 (the period of entrustment is changed to May 31, 2009) with respect to E-parking (hereinafter referred to as “instant parking lot”) located in Songpa-gu Seoul Metropolitan Government Sports Facility Management Office (hereinafter referred to as “instant parking lot”), and C concluded the first consignment contract with the purport that C shall pay KRW 2.3 billion to the Plaintiff with the entrustment fee during the said period.

From June 1, 2009 to May 31, 2010, the Plaintiff and C concluded a secondary consignment contract with the content that the period of consignment shall be extended from June 1, 2009 to May 31, 2010, and C shall pay the Plaintiff KRW 1,577,700,000 with the consignment fee during the said period.

However, on October 12, 2009, C paid KRW 92,591,820 to the Plaintiff as part of the consignment fee under the above consignment contract, and did not pay the remainder of the consignment fee. On October 18, 2009, C revoked the permission to use and benefit from the instant parking lot to C.

Defendant A was sentenced to one-year conviction in the instant case of violation of the Public Property and Commodity Management Act, on January 6, 2012, the following facts: (a) Defendant A did not pay commission fees under the instant entrustment contract within the prescribed period; and (b) thereby, the head of the Seoul Special Metropolitan City Sports Facility Management Office revoked the permission to use and benefit from the instant parking lot on October 18, 2009; (c) even if the permission to use and benefit from the instant parking lot was revoked, Defendant A was sentenced to a conviction of one-year imprisonment with prison labor for the instant case of violation of the Public Property and Commodity Management Act, which became final and conclusive on May 9, 2012.

On the other hand, on December 14, 2010, the plaintiff is the defendant A, the representative director of C, and the parking lot of this case.

참조조문