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(영문) 대구지방법원 2015.12.03 2015가합1783
임대차보증금등반환
Text

1. The Defendant’s KRW 100,000,000 to Plaintiff A as well as 6% per annum from January 1, 2009 to December 3, 2015, and the following.

Reasons

1. Basic facts

A. On November 28, 2007, the Defendant, a company running the management right E with D, and F, as the Defendant’s shareholder, who is a company running the business of management right C (hereinafter “ Hotel”) located in the racing city, concluded an entrustment contract with the management right (hereinafter “contract with the management right of this case”) with the content that the management right of the hotel shall be entrusted to him for five years from January 1, 2008 to December 30, 2012, on condition that the management right of the hotel may be cancelled by mutual consultation for three years (hereinafter “contract with the management right of this case”). The part related to this case in the contract is as follows, and D assumed office as the Defendant’s representative director on January 10, 208 in accordance with the entrustment contract with the management right of this case.

(A) A. 1) D and G shall be entrusted to the Defendant with the amount of KRW 50 million, monthly entrustment fees of KRW 12 million for the year 2008 and KRW 14 million for the year 2009, but may be raised by up to 5% through 10% for each year according to the rate of price increase and the rate of increase in the banks. (ii) D and G shall be investing more than KRW 150 million in early stage within 2 months, and in the case of cancellation after 3 years, the Defendant shall refund to D and G an amount of KRW 20% each year after the total amount of initial investment.

However, the initial investment sector and the amount of investment shall be determined transparently through an open competition, such as jointly participating by the defendant and DG, selecting a business entity, and adjusting the price, and the defendant and DG shall jointly determine the initial amount of investment when the initial investment is completed.

3) D and G are responsible for the Defendant’s representative director, and real estate owned by the Defendant is not offered as security or loans are not granted under the Defendant’s name, and the lease of a hotel’s ancillary facilities is subject to prior consultation with E and F, and the Defendant’s representative director’s seal impression is kept by E and F. 4) If D and G subleases a hotel to a third party or delay monthly entrustment fees, etc. for at least two months, the Defendant may cancel the contract. In such cases, D and G cannot demand the return of facility investment expenses.

(b).

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