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(영문) 서울중앙지방법원 2020.06.05 2019가합584027
추심금
Text

1. The Defendant: 142,979,815 won to Plaintiff A; 140,82,197 won to Plaintiff B; 54,262,335 won to Plaintiff C; and 93.

Reasons

1. Facts of recognition;

A. The plaintiffs are sectional owners who purchased each guest room listed in the table "number" in the attached Table of the Jung-gu Seoul Metropolitan Government H hotel (hereinafter "the hotel in this case"), and I Co., Ltd. (hereinafter "the company outside Korea") entered into a lease agreement with the plaintiffs about each guest room. The defendant entered into a entrusted operation agreement and sub-lease agreement with the non-party company and operates the hotel in this case.

B. On June 10, 2016, the Defendant entered into a contract with the non-party company to transfer the instant hotel to be entrusted with the operation thereof (hereinafter “instant contract”), and the main contents thereof are as follows.

(hereinafter referred to as “A”, and Article 5(1) of the Act provides that “B” shall pay to “B” the amount calculated by subtracting from the total amount of income accrued from the subject-matter of Article 2 every month (excluding the total amount of income of food beverages, etc. to be paid to J of a stock company) the expenses incurred in operating the hotel as prescribed in Article 6 and 0.5% of the total amount of income (excluding the amount of income to be paid to J of a stock company) by the end of the following month.

Provided, That the exclusion of 0.5% of the total income shall be implemented from July 1, 2017.

Article 6 (Expenses Incurred in Operating Hotels) Personnel expenses for executives and employees working at a hotel (including four major health insurance premiums, etc.) and welfare expenses (including four major health insurance premiums, etc.) related to the operation of a hotel and other operating expenses related to the operation of a hotel agreed by Gap: Provided, That retirement allowances incurred until June 30, 2017 shall be borne by Eul and shall not be included in personnel expenses for the above executives and employees.

Article 8 (Obligation to Preferential Payment of Rent for Parcelling-Outr and Right) The obligation to pay rent to the owner in accordance with the provisions of the name-dong hotel lease agreement entered into between the buyer and the buyer.

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