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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Defendant decided to establish an electronic guidance cart system in the Gangseo-gu physical training center (hereinafter “the Defendant’s golf course located in the Defendant’s unit”), and agreed to implement the project by allowing a private enterprise selected as a bidding method to receive a donation and use it free of charge for a certain period for the establishment and operation of the system.
B. On August 13, 2009, the Plaintiff entered bid amount of KRW 1,008,00,000 in the designated bid for the installation of the electronic leading car system conducted by the Defendant to the lowest bidder. Accordingly, on August 17, 2009, the Plaintiff entered into an agreement between the Plaintiff and the Defendant on the operation and management of the electronic leading car system and entered into an agreement (hereinafter “the first agreement”).
Article 7(2) of the first written agreement provides that "the period of permission for use and benefit shall be from November 30, 209 to the time when the following is first due out of the construction completion date)." Article 7(2) of the first agreement provides that "The period of permission for use and benefit shall be from the date of construction completion to the time when the following period comes first," and Article 7(3) of the same agreement provides that "as a result of continuous accumulation of the amount of principal repayment (excluding expenses for management and operation) paid by the plaintiff (the plaintiff) from the plaintiff (the defendant), the total amount of which has been presented at the time of tender (e.g. 1,008,00,000) shall be the amount (e.g., 6.22% per annum, average credit card commission rate of 3.46% per annum)." Article 7(3) of the
"" is defined as ".
C. After that, due to changes, etc. to the electric cart model, amendment was required to the contents of the first agreement, and the amendment was concluded on January 20, 2010 between the Plaintiff and the Defendant. Accordingly, the first amendment agreement, which was made thereunder, does not include the contents on the period of use.
On October 201, 201, cart storage operation and others at the physical training center.