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(영문) 대전지방법원 2019.01.18 2017나111381
정산금 등
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the principal lawsuit, and appeals filed by the Defendant (Counterclaim Plaintiff) against the principal lawsuit and the counterclaim.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On July 1, 2013, the Plaintiff entered into an entrustment contract with the Defendant for the instant maintenance business establishment with the name of “D” (hereinafter “instant maintenance business establishment”). On July 1, 2013, the Plaintiff entered into an entrustment contract with the maintenance business establishment with the Defendant, setting the entrustment deposit amount of KRW 100,000,000, monthly user fee of KRW 8,000, and the entrustment period of KRW 8,00,000, and one year from July 1, 2013 (hereinafter “instant entrusted management contract”). The main contents are as follows.

Article 6 (Conditions for Entrustment Management) (1) The Plaintiff shall maintain the building of the instant maintenance business establishment, its accessory equipment, public appliances, fixtures, etc. so that they can be used, and the Defendant shall, from the date of acquisition, manage and maintain the building, its accessory equipment, public appliances, fixtures, etc. in a clean manner at all times under the responsibility of the Defendant.

(3) Where a defendant transfers a building of a maintenance business establishment to the plaintiff after the expiration of the entrusted management period, he/she shall transfer such building, its accessory equipment, public appliances, fixtures, etc. without damaging the original form.

Article 7 (Matters Agreed on Entrustment Management Conditions) (1) Expenses to be fully borne by the Defendant: Personnel's pay, health insurance premiums, national pension premiums, industrial accident insurance premiums, employment insurance premiums, employment insurance premiums, employment insurance premiums and resident tax, retirement benefits and resident tax, meal expenses, etc. (including clothes expenses), insurance premiums (including fire insurance, etc.), additional purchase equipment and public equipment fixtures, parts, consumption expenses (gas, inspection record, inspection table, file, etc.), entertainment expenses, value-added tax, income tax, monthly electric power fee, and other expenses related to the instant maintenance business establishment;

B. On November 8, 2013, the Plaintiff agreed to transfer inventory parts within the instant maintenance business establishment to the Defendant in KRW 125,000,000, as follows.

(hereinafter “instant parts acquisition agreement”). The parts inventory amount: 183,030,760 won in cash transaction amount: 125,000,000 won in the instant maintenance business entity E.

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