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(영문) 광주고등법원 2020.01.22 2019나21346

손해배상(기)

Text

1. The judgment of the first instance, including the principal claim that was reduced by this court, shall be modified as follows:

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff was established on February 25, 2015 for the purpose of the establishment, operation, management, etc. of charnel facilities, and Defendant Inspection is located in D of the Jeonyang-gun, and Defendant C is a chief inspector of Defendant Inspection.

B. On January 20, 2015, Defendants E and C entered into an agreement on the work regarding the operation of the Defendant Inspection Station prior to the theater, etc. (i.e., the conclusion of the work agreement on the operation of the Defendant Inspection Station; and (ii) the Defendant Inspection Station (hereinafter “instant building”).

2) In this context, the lower court concluded a business agreement related to the operation of the wing Party (hereinafter “First Business Agreement”).

The terms used in this Agreement are defined as follows. 1. The term "project for the operation of the Party in Creshion" is defined as follows: 2. The term "project for the operation of the Party in Creshion" means a project for the establishment of charnel facilities prescribed in Article 15 of the Act on Funeral Services, Etc. using the building in Creshion farm owned by Defendant C in accordance with this Agreement; 2. The term "construction project for the Corporation in Creshion" means the first project executed by the representative director I of the F Bank of Korea (such as G and H), the second project executed by K representative director K, and the third project executed by the president M. The term of this Agreement is defined as follows. The term of this Agreement shall be extended to 15 years from the date of conclusion of this Agreement to the date of completion of the profit-making project implemented by E, or to the date of termination or rescission of this Agreement. The term of this Agreement shall be extended under Article 4 of the Agreement for the operation of the Party in Creshionion and performance of the Right of the Party in Creshion.