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(영문) 청주지방법원 2020.06.04 2019가단7952
손해배상
Text

1. The plaintiff (appointed party)'s claim is all dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. 1) The Plaintiff (Appointed Party) and each of the designated parties (hereinafter “Plaintiff, etc.”) enter into a contract for the management of entrusted operation (hereinafter “instant building”) shall be the case E hotel in Cheongju-si (hereinafter “instant building”).

Around December 2017, the Defendant entered into a contract for the management of entrusted operation with 125 sectional owners who purchased 169 rooms among the instant buildings, including the Plaintiff, and each of them. 2) Around December 16, 2017, the Plaintiff (Appointed Party) who is the sectional owner under subparagraph F of the instant building entered into an entrusted operation management contract with the Defendant as follows. On the same day, as for subparagraph G of the same day, the exclusive area of the contract, the sale amount, and the monthly fixed profit amount are different, and the remainder was different only from the exclusive area of the contract, the sale amount, and the monthly fixed profit amount, and the contract for the management of entrusted operation was concluded.

[Attachment Management Contract] Article 1 [Attachment Management Contract] The number of houses: F, exclusive area: 26.21 square meters; and 5.18 square meters (16.69 square meters) of contract area: The total amount of guest rooms, common area, and all of the rights attached thereto (excluding value-added tax): 143,962,00 won (excluding value-added tax): the part (electric room, machine room, power generator, underground parking lot, rooftop, etc.) jointly used (such as electricity room, machine room, underground parking lot, rooftop, etc.) shall include all of the hotel and neighborhood living facilities for public use, and Article 2 [Period and validity of Management Contract for Entrusted Operation] (1) A [Plaintiff (Appointed Party)] shall transfer the above real estate to the manager who may use it for the purpose of entrusted operation, and the period of entrusted operation management contract shall be ten years from the following day after the date on which two months have elapsed since the date of commencement of business.

Article 3 [Payment of Interest Support and Final Profits] The trustee (B) (A) (A) shall pay interest support and final profits on security as follows in the contract for the management of entrusted operation of the above real estate:

(1) The payment rate of interest on secured loans and the final profit shall be as follows, and other excess profits shall be the following:

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