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(영문) 대구지방법원 2017.08.24 2017가합200119
건물인도 등
Text

The defendant shall provide the plaintiff with the indication of the drawings in attached Form 1, 2, 3, 4, and 1 among the 1st floor of the building stated in attached Form 1.

Reasons

Facts of recognition

The Gyeongbuk University Hospital obtained permission from the Republic of Korea for free use and profit-making for the operation of the welfare facilities for the Gyeongbuk University from the Republic of Korea (hereinafter “instant building”). The Plaintiff obtained from the Gyeongbuk University Hospital the permission for free use and profit-making for the operation of the 36.16 square meters of the part on the 1st floor of the instant building and 25.36 square meters of the 1st floor of the building and 363.16 square meters of the 2nd floor of the said building.

On September 2013, the plaintiff decided to entrust the operation of the above food service business with a specialized food service business entity, and announced a public announcement for the selection of a business entity.

On November 4, 2013, the Plaintiff selected the Defendant, who received the highest evaluation score from among the multiple enterprises participating in the tendering procedure, as a priority negotiation object. On December 17, 2013, the Defendant entered into a service contract with the Defendant to pay the service price to the Defendant for three years from December 17, 2013 to December 16, 2016 under the business system and all business regulations determined by the Plaintiff, and the Plaintiff entered into a service contract with the Defendant to deliver the said building portion to the Plaintiff without delay. It is about 76.5% [the amount calculated by subtracting the Plaintiff’s fee (23.5% of the monthly sales) from the monthly sales and the card sales from the credit card sales [the amount calculated by subtracting the Plaintiff’s fee (23.5% of the monthly sales) and the card sales from the monthly sales.]

On December 17, 2013, the Defendant issued a performance guarantee insurance policy with the insured as the Plaintiff, the insurance amount of KRW 70,500,000, and the insurance period of the Plaintiff from November 4, 2013 to December 16, 2016, and began to operate the “Pdcot” in the above building.

Since then, the plaintiff and the defendant decided to reduce part of the second floor of the building mentioned in the above paragraph among the operating places of "Pidco" on September 23, 2015.

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