부당이득금
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
1. Facts of recognition;
A. The Plaintiff is a company operating passenger transport business and passenger transport business, and the Defendant is a company operating large retailer business.
B. On September 10, 2009, the Plaintiff entered into a terminal operation entrustment agreement (hereinafter “instant operation entrustment agreement”) for the operation of the Gwangju bus terminal located in 25-3, Gyeong-dong, Gwangju (hereinafter “instant terminal”) with the Gwangju Terminal Co., Ltd. (hereinafter “Gwanju Terminal”), and the contents of the said operation entrustment agreement relating to the instant case are as follows.
Article 2 (Status of Parties)
2. The Plaintiff, using part of the instant terminal facilities owned by the Gwangju Terminal, is a corporation operating the instant terminal operation business as prescribed in Article 3(1) upon entrustment from the Gwangju Terminal, holding the status as a trustee at the same time as the conclusion of this contract.
Article 3 (Entrustment of Business Affairs)
1. The environmental management of the instant terminal facility sector of the instant terminal: (i) the sales of tickets to the instant terminal; (ii) passenger transportation; and (iii) the operation and management of the following facilities;
2. The scope of “facilities for use” in relation to the performance of entrusted duties, the size of “facilities for use” is as follows: 1,393.45 indoor 2: indoor 1,393.63 indoor 2: indoor 45.67 indoor 233.57 indoor 4 crew’s resting rooms and 15.28 indoor 5 crew’s resting rooms (including access roads) indoor 843.92.92 outdoor 6 boarding stops and 364.00 outdoor 7 riding stops, 136.50 outdoor 136.50 outdoor bus parking lots 2,55.93 outdoor 9: 9.60 indoor 10, outdoor 11.00, outdoor 91.00, average 6,262.93 and the instant terminal, and Article 5(5) of the facility rental charges, etc. within the instant terminal:
1. In the course of performing entrusted duties, the Plaintiff should pay to the Gwangju Terminal the rent of KRW 16,00,000 per month for the use and profit-making of the facilities owned by the Gwangju Terminal as prescribed in Article 3(2).
C. The instant operational consignment agreement is renewed on September 2014 and renewed on September 2019.