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(영문) 춘천지방법원속초지원 2020.08.13 2019가합200552
매매대금반환
Text

1. The defendant shall pay to the plaintiff KRW 326,856,882 and the amount of KRW 296,60,960 among them to the day of full payment.

Reasons

1. Facts of recognition;

A. 1) The Defendant is a hotel with the name of “D” on the land above 6 lots, including 5,547 square meters and 5,000 square meters in Seocho-si. (hereinafter “instant hotel”).

2) The business of newly constructing and selling a new project (hereinafter referred to as “instant project”).

B) The operator is the operator of the instant hotel. (1) E is a person who is in the position of internal director, who is the representative of the Plaintiff. As to the two guest rooms of the instant hotel, E entered into a sales contract (supply) agreement (hereinafter “instant supply contract”) with the Defendant on the two guest rooms as indicated below.

On October 18, 2016, F No. 173,981,200 won on the date of the instant supply contract (including value-added tax) premised on the premise that “the purchaser shall receive certain profits, instead of entrusting the operation of the instant hotel, from a person designated by the Defendant,” and the contents of the instant supply contract are as follows. Article 3 (Advance Payment, Balance Payment, and Interest-Free Loan) 8 (hereinafter “Buyer”) of the supply contract:

hereinafter the same shall apply.

(1) section 8 (Termination of a contract) 1. A (as a supplier) means the Defendant, a supplier, and

hereinafter the same shall apply.

12. If A does not enter into an entrustment contract with a trustee operator designated by A, the trustee operator shall commence the operation of accommodation facilities within three months from the day following the expiration date of the occupancy designation period, and B shall not assert that the operation of accommodation facilities is carried out from the commencement date of the operation to the expiration date of the occupancy designation period, due to the characteristics of the operation of accommodation facilities. The hotel operation management after the approval of the use of the building under Article 15 (other Matters) shall be operated under a separate consignment contract (or a lease agreement).

B. A. B.

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