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(영문) 서울중앙지방법원 2016.10.12 2015가단214743
청구이의
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. 1) The Defendant entered into the instant consignment operation contract on September 23, 2014, the Plaintiff Company A (hereinafter “Plaintiff Company”).

B) B B B B between the plaintiffs and the plaintiffs, which are condominiums (22 Dong-dong 104 guest rooms, hereinafter referred to as “the instant resort”) located in three parcels, including Gangseo-gun, Gangwon-gun, the defendant-owned.

(2) The entrusted operation contract of this case (hereinafter referred to as the “entrusted operation contract of this case”) which entrusts the operation and sales of this case

2) Of the instant consignment management contract, the content pertaining to the instant case is as follows.

Article 3 (Period of Contract for Entrusted Operation) (1) The term of the contract for the entrusted operation contract shall be one year from October 1, 2014.

Article 4 (Effect, etc.) (1) "A", "B" (Plaintiff Company), and "B" (Plaintiff B) shall make an application for removal from a telephone to the competent court after the preparation of this Agreement, and the expenses for the application shall be borne by "A", "B", and "B" respectively.

Article 5 (Disposition, etc. of Operating Profits) (1) "B" and "B" shall be entrusted operation fees to be paid to "A" at the end of each month, which shall be KRW 20 million (excluding value-added tax), and these fees shall be paid from October 2014.

(2) Notwithstanding paragraph (1), “A” is exempt from the payment for October 2014 in order to activate the operation and sales of “A” disease.

Article 11 (Termination of a Contract) (1) “A” may be terminated to one party without the consent of “B” and “B” if any of the following occurs, and at the time of termination, “B” and “B” shall immediately order:

1. Where “B” and “A” pay operating fees to “A” under Article 5 for at least two months;

B. On January 12, 2015, the Defendant applied for the settlement prior to the filing of the instant consignment agreement against the Plaintiffs pursuant to the instant consignment operation agreement, and “A protocol prior to the filing of the lawsuit between the Defendant and the Plaintiffs, Seoul Central District Court Decision 2014Da2329, supra.”

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