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(영문) 수원지방법원 2016.12.27 2016구합64440
세외수입 부과처분 무효확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. In accordance with the Ordinance on the Entrustment of Administrative Affairs to the Private Sector and the Ordinance on the Establishment and Operation of the Call Center for Processing Civil Petitions in Suwon-si, the Plaintiff entered into an agreement with the Defendant on March 15, 2012 with the term of entrustment from the Defendant to February 28, 2014, stating that the Plaintiff’s total project cost shall be KRW 1,174,626,000, and the total project cost shall be KRW 1,174,626,000, to be entrusted with the management and operation of the Suwon-si Entertainment Center (hereinafter “the first agreement”); on February 17, 2014, the term of entrustment from March 1, 2014 to December 31, 2015, and entered into the instant agreement with the Defendant on the basis that the Plaintiff would be entrusted with the management and operation of the Suwon-si Community Center as a trustee of the instant entrusted project (hereinafter “the details of the monthly entrustment agreement”).

(2) If the plaintiff requests the defendant with relevant documents necessary to calculate the entrusted project expenses, the entrusted project expenses shall be paid to the plaintiff within seven days from the filing date after the defendant examines the relevant documents, and when the plaintiff requests the entrusted project expenses, the plaintiff shall submit a monthly and monthly project performance for the implementation of the project, or quarterly project performance performance, and submit a monthly report on the project performance containing details, analysis and evaluation of the project performance, measures for follow-up management, etc.,

(3) The plaintiff shall use the entrusted project cost that the defendant pays to meet the purpose of the above agreement and shall not use it for any other purpose.

④ The Plaintiff shall submit the result of the annual settlement of accounts to the Defendant by the end of January of the following year, and if it is acknowledged that the entrusted project cost was unfairly overpaid as a result of the settlement of accounts, the Defendant.

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