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(영문) 의정부지방법원고양지원 2017.07.07 2016가단23444
미수금
Text

1. The Defendant shall pay to the Plaintiff KRW 21,606,625 and the interest rate of KRW 15% per annum from October 22, 2016 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff is a juristic person that runs laundry business, etc., and the Defendant is a juristic person that runs franchise and sports facility consulting business.

B. Around April 2010, the Defendant: (a) leased and operated 4,5, and 6th floor Cheongdam-1, Gangnam-gu, Seoul (hereinafter “instant building”); (b) concluded a membership management consignment agreement with the non-party company on the 4,5, and 6th floor of the building in question; and (c) concluded a lease agreement with the non-party company on the 4,5, and 6th floor of the instant building on April 2010.

C. After that, on December 1, 2013, the Defendant leased and operated the instant building 4, 6-story and related facilities, and concluded a membership management consignment agreement with the non-party company to take charge of the health management, etc. of the members entrusted by the non-party company. On the same day, the Defendant concluded a lease agreement on the 4, 6-story of the instant building.

In addition, the defendant entered into a management service contract with the non-party company on the fifth floor of the building of this case with the content that the defendant takes charge of the management of equipment and foreign supplies in the private house and the payment of laundry expenses incurred in the private house.

From April 2014 to June 2015, the Plaintiff laundryed various laundrys between the Patice Center and Satna, which were operated on the 4,5, and 6th floor of the instant building. The Plaintiff was not paid KRW 21,606,625 in total of the laundry costs.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 2, 7, and 10 (including branch numbers), the purport of the whole pleadings

2. The parties' assertion and judgment

A. At the Defendant’s request, the Plaintiff was washing various laundrys between the Patice Center and Satna, which are operated on the fourth, fifth, and sixth floor of the instant building. Thus, the Defendant was the Plaintiff.

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