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(영문) 인천지방법원 2015.10.16 2014가합57262
정산금
Text

1. The Defendant’s KRW 190,000,000 as well as 5% per annum from October 3, 2014 to October 16, 2015 to the Plaintiff.

Reasons

1. Article 5 (Payment of Deposit, etc.) of the facts of recognition shall be paid to C by the defendant as follows:

(1) 210,00,000 won shall be paid as down payment on May 27, 2005.

(2) On June 22, 2005, 300,000 won shall be paid as part payment on June 22, 2005.

(3) Any balance shall be paid of 290,000,000 won within August 20, 2005.

(4) Matters concerning the use of C facilities, such as gas, electricity, telephone, water, garbage, etc., shall be paid monthly (in a separate calculation after drilling) on the 25th day of each month.

Article 6 (Return of Deposit upon Termination of the Contract) C shall refund the deposit amount of KRW 800,000,000 to the Defendant after deducting all the amounts due to the Defendant within 30 days after the termination of the contract.

On May 27, 2005, a social welfare foundation C (hereinafter referred to as the “C”) entered into an entrusted operation contract with the Defendant under which the Defendant would grant the Defendant the right to manage and operate the cafeteria (hereinafter referred to as the “instant cafeteria”) of the building (hereinafter referred to as the “instant cafeteria”) that is constructed on the ground of the non-permanent cafeteria D, Yeonsu-gu, Incheon (hereinafter referred to as the “instant cafeteria”).

The main contents of the entrusted operation contract of this case are as follows.

B. On July 28, 2005, C entered into a performance guarantee insurance contract (hereinafter “instant performance guarantee insurance contract”) with the insured, the insured, the insurance amount of KRW 800,000,000, and the insurance period from August 20, 2005 to August 19, 2007 with the Seoul Guarantee Insurance Co., Ltd. (hereinafter “Seoul Guarantee Insurance”).

C. On August 2, 2005, the Plaintiff entered into a partnership agreement on the operation of the instant cafeteria (hereinafter “instant partnership agreement”) with the Defendant, and around that time, pursuant to the instant partnership agreement, the Plaintiff and the Defendant enter into a partnership agreement on the operation of the instant cafeteria.

3. Period of the said business contract: Three years from the opening date of a hospital.

4. Distribution of earnings:

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