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(영문) 대전지방법원공주지원 2019.08.21 2018가합20138

손해배상(기)

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. Defendant B is the actual operator of the Defendant Company that holds 70% of the shares of Defendant D Co., Ltd. (hereinafter “Defendant Company”) established for the purpose of tourist farm business, etc., and Defendant C is the representative director of the Defendant Company.

B. Around July 8, 2015, the Plaintiff entered into an agreement on theme-wave project (hereinafter “instant agreement”) with Defendant Company and E to implement the business that intends to create theme-frequency (hereinafter “instant business”) on G Day (1,110 square meters and 11 square meters, respectively) in the city of public housing owned by the Plaintiff, the former representative director of the Plaintiff, as the proposal of Defendant B, and to implement the business (hereinafter “instant business”).

The plaintiff (hereinafter referred to as "A") and the project operator, the defendant company (hereinafter referred to as "B") and the work executor E (hereinafter referred to as "sick") enter fees generated by the management of the tourist farm development project (theme park) shall be agreed as follows in order to pay entrance fees for land usage fees and civil construction costs:

Article 1 [Obligation A] After obtaining the tourist farm authorization and permission, Article 1 (Obligation A) is completed by Byung to provide Byung with the basic civil engineering work at the time of official week, after completing the primary civil engineering work at the time of official week.

Article 2 [Obligation of B] B shall invest in all facilities for tourist farm business (theme park business) and use it for 10 years from the date of opening and transfer to A without compensation all rights, including superficies business rights.

Article 3 (Obligations of Soldiers) Byung is obligated to provide Eul with the completion of basic civil engineering works at the time of official week as required by Eul (First Class 9,000) and to provide them to Eul.

Article 4 [Business Management Obligations of B] A shall operate business, manage property, and faithfully perform all obligations to A.

Article 5 [Obligation to Pay User Fees to B] The amount equivalent to 25% out of the 100% of the last day of each month for admission fees from the opening date to the termination date of this contract.