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(영문) 제주지방법원 2017.11.23 2016나2963

손해배상(기)

Text

1. Of the judgment of the court of first instance, the part against the Plaintiff corresponding to the following additional payment order shall be revoked.

Reasons

1. The court below rendered a judgment to the effect that the plaintiff partly accepted the plaintiff's claim by recognizing only damages of KRW 750,000,000,000,000,000,000,000,000,000,000,000,000 won, which were not returned due to the mar and mar equipment, and KRW 5,166,00,00,000,000,000,000,000,000,000,000,000,000,000,000,000 won, for mar mar th

As to this, the plaintiff filed an appeal to the effect that only the claim for damages caused by the Mail and the unclaimed parts of the equipment such as the mother and child, the subject of the judgment of this court is limited to this part.

2. Facts of recognition;

A. On November 1, 2009, the Plaintiff entered into an entrustment management agreement with the Defendant on the DV located in the Jeju Island (hereinafter “instant agreement”) and had the Defendant operate the said horse race track.

The main contents are as follows:

Article 1 The defendant, as an entrusted manager, shall refer to the plaintiff's vicarious execution of all rights and obligations in management as the representative of the plaintiff.

Article 2 Scope of Use of Horse Racing Course: approximately 5,00 square meters in and out of E, one manager, an office, and a sloping room (joint use for toilets and parking lots): The period of entrusted operation from November 1, 2009 to October 31, 201, subject to consultation between the Plaintiff and the Defendant, shall be two years.

Article 4 The defendant shall pay to the plaintiff KRW 30 million as the deposit for the facility at the time of the contract.

In addition, taxing KRW 20 million shall be paid.

Article 7 Restoration Measures shall be taken when all facilities for riding courses are damaged or damaged, and the change of the facilities and location shall obtain the consent of the plaintiff, the defendant shall not claim compensation to the plaintiff for the structures installed during the execution, and the entrusted management shall belong to this riding course when the entrusted management is terminated.

Article 9 63 ( springing and wintering) 63, 44, Pacifica 14, 16, rings ( spring).