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1. Defendant C’s KRW 100,000,000 as well as the Plaintiff’s annual rate from September 1, 2013 to June 24, 2015, and the following.
Reasons
1. Basic facts
A. Defendant B (hereinafter “Defendant Association”) is an incorporated association established for the purpose of youth training activities, the entrusted operation of training facilities, etc.
On April 1, 2009, the Defendant Association entrusted the operation of the E Training Center located in Gangwon-gun D (hereinafter “instant Training Center”) from the Crossing-gun on April 1, 2009.
(Entrustment Period from April 1, 2009 to March 31, 2016) B.
As of May 8, 2013, “C’s representative for the operation of an incorporated association B E training center” prepared a “contract for the entrusted operation of the instant cafeteria” with the terms of contract from July 1, 2013 to June 30, 2015, deposit amounting to KRW 80,000,000, and 20,000,000, respectively, to the Plaintiff.
(hereinafter referred to as “the instant contract for entrusted operation of a cafeteria” is referred to as “the instant contract,” and the content thereof is referred to as “the instant contract,” hereinafter). 【The grounds for recognition, without dispute, entry of A’s evidence No. 1
2. Determination
A. The Plaintiff entered into the instant contract with Defendant C, and paid KRW 100,000,00 as security deposit and restaurant usage fee, and began to operate the instant restaurant.
However, after the commencement of operation, the Defendant Association denied Defendant C’s right to entrust the instant cafeteria to the Plaintiff, and demanded the Plaintiff to suspend the operation of the instant cafeteria. From September 2013, the Plaintiff was no longer able to operate the instant cafeteria.
Article 18(3) of the instant contract stipulates that the Defendant C shall return the total amount of the contract if the contract is non-existent due to the cause attributable to the “representative C of the ETraining Institute of Incorporated Association B”.
Since the entrusted operation of the instant cafeteria was suspended due to the problems between the Defendant Association and the Defendant C, Defendant C received 100,000 the deposit and the fee for use of the restaurant in accordance with the agreement.