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(영문) 춘천지방법원원주지원 2017.10.12 2016가합6046
약정금
Text

1. Defendant B medical and consumer cooperatives: (a) KRW 42,397,738 on the Plaintiff and its related thereto, from June 2, 2016 to October 2, 2017.

Reasons

Basic Facts

The plaintiff is a person who operates sports rehabilitation services with the trade name of "D".

As a cooperative established for the purpose of health and medical services pursuant to the Consumer Cooperatives Act, the Defendant Cooperative operates a member of the Council (hereinafter referred to as the “instant member”) from September 6, 2012 to the “E Council member”).

Defendant C is the chief director who is the representative of Defendant C.

On May 10, 2014, the Plaintiff entered into a joint agreement between the Defendant Union and the Defendant Union to jointly operate the Sports Rehabilitation Campaign Center for three years from September 1, 2014 to August 31, 2017, and agreed to revise the terms of the joint agreement with the same content as that of the attached terms and conditions of the agreement on November 28, 2014.

(hereinafter referred to as the “instant joint agreement”). Accordingly, around January 2015, the Plaintiff and the Defendant Union established a sports rehabilitation movement center (hereinafter referred to as the “instant center”) on the fifth fifth floor of the building wherein the instant member is a member of the Council, and operated it by the end of May 2016.

The Plaintiff spent KRW 42,800,000 as the human research cost of the instant center.

During the period of operation of the center of this case, the amount of net profit (hereinafter referred to as “the operating profit of the center of this case”) was calculated by deducting the employee’s benefits, rent, management expenses (including taxes and public charges), and all other consumption expenses (hereinafter referred to as “expenses”), from the sales amount during the period of operation of the center of this case. The amount of sales, expenses, operating profit of the center of this case and the amount of money paid to the Plaintiff by the Defendant association and the name thereof are as follows:

Proceeds from the operation of the instant center (i.e., sales - sales - expenses) The amount of money paid by the Defendant Union to the Plaintiff on January 14, 2015 and the settlement of expenses paid for the Plaintiff on January 14, 2015, under the pretext of the settlement of expenses 3,50,000 human expenses 3,892,230 3,892,230,000 12,178,096 1,321,904 1,321,90,900 " March 14, 2015.

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