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(영문) 부산지방법원 2014.08.28 2014구합20606
변상금부과처분취소
Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Reasons

1. Details of disposition, etc.;

A. The Plaintiff is a franchisor operating a coffee specialty with the trade name “Grank” as a corporation mainly established with the main purpose of multi-purpose food service business and franchise business. The Defendant is a representative of Busan Educational University, which is a public institution established and managed by the Republic of Korea, manages land and buildings located within the Busan Educational University.

B. On July 2010, the Plaintiff and Busan Educational University entered into a contract for the provision of coffee services (hereinafter “instant contract”) with respect to the operation of the coffee store located in the area of 92 square meters in the student support center in Busan Educational University (hereinafter “instant building”), which is a State property, as follows. The Plaintiff, pursuant to the instant contract from September 1, 2010 to September 1, 2010, provided the pertinent facilities to the Plaintiff in relation to the instant service provision business, and the Plaintiff provided the pertinent services including the operation of facilities to improve the welfare of its members, such as Busan Educational University and its faculty members.

Article 2 (Scope of Providing Services) Facilities of coffee stores to be occupied by the Plaintiff are as follows:

Article 3 (Contract Period) (1) of the 24 student support hall in the 24 student support hall in shifts of the structural area for the location of the land (the contract period)

(2) Where the Busan Educational University and the plaintiff intend to terminate a contract, they shall notify the other party of the type of the contract in writing two months before the contract expires.

(3) The contract may be extended by agreement between the Busan Educational University and the plaintiff two months prior to the expiration of the contract term.

Article 4 (Basic Matters) (1) The trade name of a coffee specialty shall be "Graze".

② The Plaintiff shall be responsible for overall matters regarding the operation of its place of business, and the Busan Educational University shall cooperate for smooth operation.

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