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(영문) 청주지방법원 2015.06.10 2014가합26917
수입금 반환등
Text

1. The Plaintiff:

A. Defendant A and B, each of whom was 307,564,380 won and Defendant A, each of whom was 157,053,220 won.

Reasons

1. Basic facts

A. The Plaintiff is a company that is entrusted by the Korea Highway Corporation with the establishment and management of E restings (hereinafter “instant restings”) on the ground and 47 parcels, both D and D, Chungcheongnam-gun, Chungcheongbuk-gun.

B. On August 1, 2012, the Plaintiff entered into the instant agreement with Defendant A and B, with Defendant A and B, on their own expenses and responsibility, to install theme park (hereinafter “the instantme park”) on the ground of the rest area of the instant case, and then donate the instantme park to the Plaintiff, which was completed, but until December 23, 2015, concluded the following agreements with which part of the profits accrued while engaging in a direct business within the instantme park was paid as an operator’s fee.

(hereinafter referred to as the “Agreement”). The following Article 4 (Operating Terms) (1) All stores operated within theme park of this case shall be operated directly by Defendant A and B.

(2) As to the operation right of theme park of this case and the operation of the unit store within theme park of this case, Defendant A and B are prohibited from entrusting a third party with holding office, resale, transfer, security or establishment of the unit store within theme park of this case or entrusting a third party with the operation of theme park and the unit store within theme park.

Article 5 (Investment in Facilities) (2) Defendant A and B shall complete the installation of theme park of this case at their own responsibilities and expenses, and shall contribute to the Plaintiff free of charge at its own expense within 60 days after the completion of theme park.

④ Defendant A and B shall bear all operating expenses incurred in maintaining electric power, gas, groundwater maintenance expenses, and theme park facilities arising from the course of operating theme park of this case, and shall comply with the Plaintiff’s request for correction and other claims for damages if the damage is incurred to the Plaintiff due to overdue facilities management expenses.

Article 6 (Reversion of Operating Revenue and Fees for Operators) (1) All incomes earned from the operation of theme park of this case and its internal store shall accrue to the Plaintiff.

(2)

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