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(영문) 서울중앙지방법원 2019.10.16 2018나81006
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

(a) 【Person who takes over the operation contract entered into by D: The Plaintiff (E)

3. The defendant shall pay monthly rent of KRW 2,500,000 to the plaintiff by the fourth day of each month.

In addition, the management expenses to be used shall be paid by the defendant on the designated date of each month.

Accordingly, E has the right to use and operate facilities.

4. The defendant shall pay 360,000 won interest of the plaintiff's operating loan (30,000,000) to the plaintiff by the 19th day of each month.

5. When there is no problem with monthly rent, management expenses, loan interest, etc., the period of operation shall be until May 31, 2015, and deposit 2,50,000 won, excluding the monthly rent 2,50,000 won paid by May 31, 2014, shall be paid to the plaintiff separately.

1) The health club (hereinafter referred to as “D”) under the trade name “E” at Gangnam-gu Seoul Metropolitan Government D stores.

(2) On February 14, 2014, the Plaintiff operating a health club with Defendant and D with respect to which the following terms and conditions are as follows (hereinafter “D-based operating agreement”).

(2) On June 26, 2014, the Plaintiff and the Defendant added an agreement to the effect that taxes (value-added tax, value-added tax, global income tax) on the sales (10% of the monthly rent 2,600,000) generated from a health club (value-added tax of KRW 2,60,000) are borne by the Defendant.

3) On May 1, 2014, the Defendant paid a deposit of KRW 2,500,000 to the Plaintiff, and operated a health club up to May 31, 2015, and the Plaintiff paid KRW 2,600,000 to the Defendant for the return of deposit around May 13, 2015. (iv) The Defendant did not pay KRW 360,000 for the management expenses for the portion on May 5, 2015, and KRW 83,00 for the communication expenses.

B. On April 2, 2015, the Plaintiff and the Defendant entered into a G operation agreement (hereinafter “G health club”) with the health club located in the G in the Asia-si (hereinafter “G health club”).

(1) As to the term “Asan GPT operation agreement” (hereinafter referred to as “G operation agreement”) with respect to the following:

【Plaintiff B: Plaintiff B: Defendant B and two other parties, respectively, enter into a PT contract as follows.

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