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(영문) 서울고등법원 2017.06.15 2017누31059
기타(일반행정)
Text

1. The plaintiff's claim that is changed in exchange in the trial is dismissed.

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

Reasons

1. The purpose of the use of Article 1 (Purpose of Use) of the Conditions of Basic Facts is a restaurant.

Article 2 (Period of Use) The period of use shall be from October 1, 2010 to September 30, 2015.

Article 3 (User Fee) User Fees shall be 12.9 million won per annum.

(including value-added tax): Provided, That user fees for the following year shall be determined annually pursuant to Articles 29 and 31 of the Enforcement Decree of the State Property Act.

Where permission has been revoked for reasons under subparagraphs 2 through 6 of Article 5 (Refund of User Fees), no user fee already paid shall be refunded.

Article 8 (Preservation of Property Subject to Permission for Use) An employee shall be bound to preserve the property subject to permission for use with the care of a good manager, and shall make remuneration necessary for the use thereof.

In any of the following cases, permission for use may be revoked for all or part of the permitted property:

4. If he/she neglects to preserve the relevant property or violates the purpose of using such property, even if the permission was revoked for a violation of any condition of permission under Article 12 and thereby causes damage to the employee, the military unit shall not compensate for such damage;

Article 13 (Application for Revocation of Permission for Use) An employee who intends to obtain permission for use shall file an application one month prior to the revocation thereof.

Article 17 (Liability for Damages of Employee) An employee shall be held liable for damages if he/she has inflicted damages on our military unit due to a violation of any of the terms and conditions of permission or a negligence in the performance of such conditions.

Article 18 (Direction and Supervision of Permitted Property) An employee shall be subject to the direction and supervision of our military unit with respect to the use of permitted property.

Article 1 of the General Terms and Conditions for Permission (hereinafter referred to as "A") and an agent for permission (hereinafter referred to as "B") shall determine the following basic matters concerning the permission to use a DNA restaurant:

Article 8 Internal Equipment

2. Facilities and fixtures installed or installed by Gap at his own expense or at his own expense.

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