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(영문) 대전지방법원 2018.09.13 2017가합103331
손해배상(기)
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. The Plaintiff was a special corporation established by the Korea Railroad Corporation Act, which performs a term-based industry related to national railroads, and was established by the Korea Railroad Corporation under the Framework Act on Railroad Industry Development and the Korea Railroad Corporation Act on January 1, 2005, and was converted from the Korea Railroad Corporation pursuant to Article 6 of the Addenda of the Korea Railroad Corporation Act (No. 7052, Dec. 31, 2003).

In addition, the defendant is a company established for the purpose of the construction and operation of the private company.

B. On December 14, 1992, the Plaintiff removed the DNA history of the Manyang-gu C Group in Ansan-si, and newly constructed a modern history at the Defendant’s expense established by investment in the B Company, and donated facilities necessary for the mid-term railroad service to the Republic of Korea and owned by the Defendant, but the commercial facilities are owned by the Defendant. The Plaintiff entered into an agreement on the promotion of projects (hereinafter “instant agreement on the promotion of projects”).

C. Accordingly, on September 1, 1999, the Defendant started construction on the ground of the land indicated in the above sub-paragraph (b) of this paragraph with respect to the building of the third and nine stories above ground (hereinafter referred to as the “DD D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D's approval from the Korea Railroad around May 2

On September 2002, the Plaintiff and the Defendant entered into an agreement on the standards for allocation of management expenses (hereinafter “the instant management expenses agreement”) incurred in the DNA History, and the contents related to the instant management expenses agreement are as follows.

Agreement on the Criteria for Distribution of Management Expenses for the Dominated History

1.The criteria for the allocation of management costs shall be borne by the management costs in D Station and A according to their respective distribution rates, and the matters not specified in this Convention shall be determined by the Management Council:

The scope of the management services shall be cleaning (including fineization), elevators.

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