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(영문) 서울중앙지방법원 2015.01.08 2014가단45575
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. The following facts do not conflict between the parties or may be acknowledged in full view of the statements in Gap evidence 1, Eul evidence 2, Eul evidence 1 and Eul evidence 1, and the purport of the whole pleadings in Eul's testimony. A.

On June 28, 2010, the Plaintiff entered into an operation and management agreement for the E Vitice Center (hereinafter “instant insignia center”) with the council of occupants’ representatives of D Apartments in Sungsung-si (hereinafter “instant contract period”) and started to operate the instant insignia center from July 1, 2010 to June 30, 2013.

B. After that, on September 29, 2011, the Defendant entered into a contract for the establishment of an agency (hereinafter “instant agency establishment contract”) with the Plaintiff on behalf of the Plaintiff, including that the Defendant would operate the instant insignia center by June 30, 2013, and that the Plaintiff would pay KRW 27 million in the name of the agent establishment, and began to operate the instant center from October 1, 201.

C. The main contents of the instant agency establishment contract are as shown in the attached Form.

On May 1, 2012, the Defendant transferred to C the right to operate the instant volatilen Center in KRW 45 million, and thereafter C transferred the right to operate the instant volatilen Center to another person in KRW 35 million.

2. The plaintiff's assertion and judgment as to the plaintiff

A. The Defendant’s non-performance of the obligation under the instant agency establishment contract was as follows.

In violation of the obligation to comply with the contract term and pay management expenses: the defendant bears the obligation to pay management expenses, membership fees refund, benefits, etc. incurred until June 30, 2013, the contract term of the agency establishment contract of this case, but the other party during the contract term transferred the right to operate the volatilen Center to the other party during the contract term, and did not perform the above obligation. The defendant violated the duty of disclosure and the obligation of disclosure.

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