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(영문) 인천지방법원 2018.12.18 2018가단202353
손해배상(기)
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 18,264,320 to the Plaintiff (Counterclaim Defendant) and its related amount from January 27, 2018 to December 18, 2018.

Reasons

The main lawsuit and counterclaim shall be examined all at once.

1. Basic facts

A. The Plaintiff is the owner of the Incheon Jung-gu C hotel (hereinafter “instant hotel”), and the Defendant is a company that was entrusted with the operation of the instant hotel from April 1, 2017 to October 31, 2017 by the Plaintiff.

B. On March 15, 2017, the Plaintiff and the Defendant concluded an entrustment contract for hotel operation (hereinafter “instant contract”) with the Plaintiff, the truster, the Defendant, the trustee, and the period of entrustment from April 1, 2017 to October 31, 2017.

Some of the terms and conditions of the hotel operation entrustment contract, which constitutes the content of the instant contract, are as follows.

(1) Of the following, the term “Corporation” means the Plaintiff, and the term “operator” means the Defendant). (1) The purpose of this Agreement is to provide operation and management services from the operator to enhance efficiency and profitability in operating a hotel by the Corporation, and the operator is to receive corresponding fees and costs.

Article 2 (Definition of Terms) (1) Personnel expenses means the total amount of salaries, bonuses, retirement allowances allowances and welfare expenses for employees employed by an operator under prior agreement with the Corporation for the operation of this contract.

Article 4 (Period of Entrusted Operation, etc.) (1) The period of entrusted operation of a C hotel shall be April 1, 2017 to October 31, 2017.

Article 5 (Relation between Corporation and Operator) (2) The operator shall ensure that the normal operation of the contract facilities is performed by providing all services for the operation and management of the contract facilities from the commencement date of the contract period, and shall fulfill his/her duty of due care as a good manager in providing such services.

(3) Where a loss has occurred to the Corporation or a third party due to a neglect of the duty of care of an operator, tort, etc., the operator shall be fully responsible, including compensation for damage.

§ 8. The operator.

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