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(영문) 부산지방법원 2019.04.04 2017가단27644

부당이득금반환

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. 1) The Defendant is an incorporated association B (hereinafter “B”) from May 1, 2006 to June 21, 2011, including the conclusion of an entrustment contract between the Plaintiff and the Defendant.

The Busan Metropolitan City Ordinance on the Establishment and Operation of the Headquarters C (hereinafter referred to as the “Ordinance of this case”).

(2) The Corporation of the Republic of Korea (hereinafter referred to as the “instant Center”) shall be the Corporation of the Republic of Korea (hereinafter referred to as the “instant Center”).

(2) On August 31, 2011, the Defendant entrusted the management and operation of the instant center to the Plaintiff (the former title was an “ Incorporated Association E”) and entered into the following agreements (hereinafter “instant agreement”) with the terms and conditions as follows. The Defendant entrusted the management and operation of the instant center to the Plaintiff (the former title was an “ Incorporated Association E”).

Article 3 (Period of Entrustment) (1) The period of entrustment of the instant center shall be three years from September 1, 201 to August 31, 2014.

Article 4 (Entrusted Facilities and Property) (1) The ownership of the facilities and property of the instant center entrusted to the Plaintiff by the Defendant shall be vested in the Defendant.

② The property (including office equipment, fixtures, etc.) purchased or acquired by donation during the period of entrustment in connection with the entrusted operation of the instant center shall gratuitously revert to the Defendant upon termination of the agreement.

Article 5 (Entrustment Form, etc.) (1) The Plaintiff shall bear all the expenses incurred in the management and operation of the instant center during the period of agreement, such as operating expenses and personnel expenses, and shall be an independent accounting system appropriated with revenues, etc. generated from the operation of entrusted facilities and property.

(2) The defendant may provide the plaintiff with early operation funds together with the conclusion of the agreement.

Article 6 (Collection of Fees, etc.) (1) The user fees of the Center collected by the Plaintiff shall be governed by Article 6 of the Ordinance of this case.

④ The usage fees, etc. collected by the Plaintiff pursuant to paragraphs (1) through (3) shall be for purposes other than the management and operation of the instant center, except where the Defendant permits.