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(영문) 의정부지방법원고양지원 2017.07.07 2016가단15863
용역대금
Text

1. Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) is the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) of KRW 7,646,154 and the Plaintiff’s counterclaim.

Reasons

1. Facts of recognition;

A. The Defendant changed the existing skin center and the three-story parking lot in C hotel underground, thereby expanding and operating a sports center with the Plaintiff’s brand.

Article 6 Contract Terms

(a) This Agreement shall be automatically extended from February 17, 2015 to February 16, 2020 unless a written notice on the termination of the Agreement is given not later than three months before the expiration date of the Agreement.

Article 11 (Operation and Management Expenses and Date of Payment)

A. Of the center operation expenses, Gap bears the following:

1) The Defendant shall provide the Plaintiff with basic spaces, facilities, equipment, etc. necessary for the operation of the Sports Center. 2) Payment of operating expenses, fees, etc. under subsection (d) below

D. Operational expenses and fees 1) [Expenses for operation and management before the opening date of the Center] [Expenses for operation and management before the opening date of the Center] The expenses for operation and management are incurred from the time employees employed in advance for the preparation of open and business, and the expenses for employment, such as wages and retirement allowances, welfare expenses, and welfare expenses, education, and operation and management expenses, etc. of employees are charged to the Defendant for the monthly operation expenses. B. On February 17, 2015, the Defendant entered into a contract with the Plaintiff for membership recruitment and management entrusted (hereinafter “instant entrusted operation contract”) with the Defendant, and the important parts related to the instant case are as follows. In addition, on February 17, 2015, the Defendant used the Plaintiff’s brand from March 1, 2015 (hereinafter “instant brand use contract”).

The plaintiff was paid KRW 50 million among the annual user fees of KRW 74 million and paid KRW 50 million to the plaintiff.

Since then, the defendant used the plaintiff's trade name and altitude in the promotional activities using the newspaper articles for membership recruitment advertising or newspaper articles.

The plaintiff employs employees according to the entrusted operation contract of this case, and from March 2015.

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