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1. The Plaintiff:
A. As to Defendant B’s KRW 15,38,33 and KRW 3,663,00 among them, Defendant B’s remainder 11,675.
Reasons
1. Facts of recognition;
A. (1) On February 14, 2014, the Plaintiff, who operated a health club (hereinafter “HA”) with the trade name “E” in Gangnam-gu Seoul, Gangnam-gu (hereinafter “E”), entered into an entrusted operation agreement with Defendant B and D on the health club (hereinafter “DA agreement”).
【Person who has taken over the operation contract: The Plaintiff (E)
3. Defendant B shall pay to the Plaintiff monthly rent of KRW 2,500,000 by the fourth day of each month.
In addition, the management expenses shall be paid on the designated date of each month by the defendant B.
E The right to use and operate facilities shall have defendant B.
4. Defendant B shall pay 360,000 won interest of the Plaintiff’s operational loans (30,000,000 won) to the Plaintiff by the 19th day of each month.
5. When Defendant B does not interfere with monthly rent, management expenses, loan interest, etc., the operating period shall be until May 31, 2015, and deposit 2,500,000 won shall be separately paid to the Plaintiff by May 31, 2015.
(2) On June 26, 2014, the Plaintiff and Defendant B added an agreement to the effect that taxes (value-added tax and global income tax) on sales (10% of the monthly rent of KRW 2,600,000) generated from health clubs are borne by the Defendant B.
(3) Defendant B paid a deposit of KRW 2,500,000, and operated a health club by May 31, 2015.
(4) Defendant B did not pay KRW 360,000 for management expenses for the portion on May 2015, and KRW 83,000 for communications expenses.
B. (1) On April 2, 2015, the Plaintiff and Defendant B entered into an Asan GPT operation agreement (hereinafter “G operation agreement”) with respect to the health clubs located in Asan-si (hereinafter “G health clubs”) as follows.
【Plaintiff A”: Defendant B and two other parties B enter into a PT contract as follows.
시설관리 및 회원관리 ◎ 단지명 : H 아파트 ◎ 소재지 : 아산 I ◎ 관리시설 : 헬스장, 골프장, GX룸, 샤워실 제1조(목적) 이 계약은 갑이 스포츠센터 관리에 효율을 높이고자 그 운영에 필요한...