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(영문) 부산지방법원 2020.09.23 2019가합42682

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

가. 원고는 식품제조 및 판매업 등을 영위하는 회사이고, 피고는 토목건축공사업, 주택건설업 등을 영위하는 회사이다.

The defendant and D (representative: C) shall enter into a mutual agreement and faithfully implement the terms and conditions agreed upon with respect to major matters before the conclusion of this lease with respect to the multi-purpose negligence and the project for the management/operation of cultural assembly facilities space (hereinafter referred to as "the project") among the projects for the development of cultural complex in Busan-gu E, F, G, and G, Busan-gu.

Article 3 (Roles of Parties) The roles and responsibilities of each Party to achieve the common objectives of the successful implementation of the Project shall be as follows and shall faithfully implement the terms of this Convention:

1. For the defendant's role and responsible C's participation in and smooth operation of the main project, it shall be actively supported for the occupancy and smooth operation of the cultural facilities in question, such as multi-purpose holes and gallon.

Provided, That the scope, method, timing, etc. of support shall be determined at the time this Agreement is concluded between H and C after determining the scope of investment/support and entering into a comprehensive lease/operation agreement (hereinafter referred to as the "this Agreement") related to the project and reflecting such determination.

2. Roles and responsibility of D (representative C);

(a) Determination of operating entities, such as the establishment of a corporation, shall be determined and notified prior to the conclusion of a lease agreement between H and C;

B. Specific terms and conditions of lease, such as lease/charge, should be determined at the time of conclusion of a lease agreement after mutual consultation between H and C.

C. The lease period of the relevant cultural facility, such as multi-purpose negligence and cultural gallon shall also be determined at the time of conclusion of the lease agreement to be concluded with H, but if no special period is fixed, the lease period shall be concluded and renewed for a period of five years in consideration of all the circumstances.

Article 5 (Validity Term)

1. The term of validity of this Framework Convention shall be three months from the date of conclusion, and all the terms of this Convention when entering into a fixed rental agreement that reflects the terms of this Convention between H and D.