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1. The Defendant’s KRW 7,992,60, and the Plaintiff’s annual rate of KRW 5% from August 30, 2017 to April 24, 2019.
Reasons
1. The fact of recognition is that the Plaintiff is a sectional owner who purchased the guest rooms of D and 3 lots of land E (hereinafter “instant hotel”) from C Co., Ltd. (hereinafter “C”), and the F Co., Ltd. (hereinafter “F”) entrusted the instant hotel construction and sales business to C, and the Defendant is an entrusted operator entrusted with the operation of the instant hotel.
The Plaintiff transferred the status of the hotel H and I supplied by G and completed the registration of ownership transfer at that time. On August 14, 2015, the Plaintiff entered into a contract for the entrusted operation with the Defendant and F as follows.
Article 2 [Definition of Purpose and Terms]
1. “A” means the Plaintiff.
The purpose of "B" is to entrust the ownership of real estate, and "B" is to create common profits by operating entrusted real estate with good faith and expertise.
2. The term "entrusted operation" means that the contractor (the sectional owner) of the real estate in Article 1 entrusts the management right of the real estate in Article 1 to the "B", and the "B" means that the real estate is operated in a professional and stable manner to pay a certain amount of profit to the "A", the "A" is the truster, and the "B" is the entrusting operator.
Article 3 (Responsibility for Implementation and Scope of Entrustment)
1. “A” shall entrust “B” with the right to operate and to manage the real estate under Article 1 and its official use and incidental facilities for a period of ten years, and “B” shall operate and manage the entrusted real estate(s) for its original purpose.
Article 3(1) [Payment of Tax Affairs and Management Expenses]
2. The term “A” shall be dealt with with by the responsibility and the burden of the “A” with respect to the return of additional tax and the issuance of tax invoices on all proceeds from the operation of “A” under this Agreement.
Article 4 【Final Profits】
1. The “annual operating profit” to be paid to “A” by entrusting the operation of the target real estate by “B” has been acquired through the sale of the target real estate.