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(영문) 광주지방법원 2018.10.25 2017가합54864
약정금
Text

1. Defendant AV Co., Ltd and the Defendant-Counterclaim Plaintiff Co., Ltd. are jointly and severally recorded in the “Plaintiff” column in attached Table 1.

Reasons

Basic Facts

The Plaintiffs are sectional owners who purchased a guest room in AZ hotel or liquor (hereinafter referred to as “instant hotel”) located on the ground of AY and 3 lots from AX (hereinafter referred to as “AX”), and Defendant AW Co., Ltd. (hereinafter referred to as “Defendant AW”) entrusted the construction and sale of the instant hotel to AX, and Defendant AV Co., Ltd (hereinafter referred to as “Defendant AV”) is entrusted with the operation of the instant hotel.

The Plaintiffs entered into a sales contract with each of the instant guest rooms listed in the Schedule 2 “B” column of the attached Table 2 as to each of the guest rooms listed in the attached Table 2 column of the AX and the instant hotel (hereinafter collectively referred to as “each of the instant guest rooms”) on each of the dates indicated in the attached Table 2, and thereafter completed the registration of ownership transfer for each of the instant guest rooms in the name of the Plaintiffs.

The plaintiffs and the defendants shall entrust the defendants with the right to use and profit-making and operation of each guest room of this case, which they purchased in their own on each day stated in the attached list 2 "the date of the purchase in lots", and the defendants shall operate each guest room of this case and pay a certain amount of profit to the plaintiffs. "The entrusted operation contract of this case" is "each entrusted operation contract of this case.

The hotel of this case began to operate from June 17, 2016 after obtaining approval for use on May 16, 2016. The main contents of each of the instant consignment operation agreements are as follows. Article 2 of the consignment operation agreement [Purpose and Terms] is defined under the consignment operation agreement.

1. “A” means the Plaintiff.

The purpose of "B" is to entrust the ownership of real estate, and "B" is to create common profits by operating entrusted real estate with good faith and expertise.

2. The term "entrusted operation" means that a contractor (the sectional owner) of the real estate in Article 1 entrusts the 'B' with the right to use and profit from the real estate in Article 1, and the 'B' with the expertise and stability of that real estate.

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