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1. The Plaintiff:
A. Defendant A Co., Ltd. shall pay KRW 42,670,003 and the interest thereon from October 26, 2013 to the date of full payment.
Reasons
1. Facts of recognition;
A. The Plaintiff’s hotel reservation business, etc., Defendant A Co., Ltd. (hereinafter “Defendant A”), and Defendant B Co., Ltd. (hereinafter “Defendant B”) operate hotel business, etc.
B. On January 19, 2007, C entered into a real estate management trust contract with a Korean Asset Trust Co., Ltd. and E hotel D located in Gangwon-gun (hereinafter “instant hotel”) and completed the registration of transfer.
However, as C did not perform its obligation, the said Company disposed of the hotel room by public auction, and Defendant B purchased all or part of the shares of 129 guest rooms among the total of 167 guest rooms from the Korea Asset Trust Co., Ltd. on July 6, 201, and completed the registration of ownership transfer on September 2, 201.
C. On April 19, 2012, Defendant B purchased business rights, such as the instant hotel and its affiliated restaurant, coffee shop, and ownership of various facilities, equipment, and fixtures, etc. with Defendant A, who had business rights to the instant hotel. However, Defendant A transferred all business rights to Defendant A, but entrusted Defendant A with the operation of the instant hotel for two years from October 24, 201, and all bonds and obligations arising during the period of entrustment are liable by Defendant A, and a contract was concluded with Defendant A to allow the instant hotel if the contract is confirmed by Defendant B (hereinafter “instant business rights transfer/transfer/management contract”), and the transfer price was paid KRW 300 million.
However, on October 5, 201, prior to the conclusion of the contract for the transfer, acquisition, and management of the instant goodwill with Defendant B, Defendant A entrusted F with the operation of the instant hotel from October 24, 201 to October 23, 2013 to operate the instant hotel in the name of Defendant A, and guaranteed the right to use 57 guest rooms to Defendant A, and Defendant A used the said 57 guest rooms only for the purpose of maintaining the existing members and managing the guest room.