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(영문) 대전지방법원 2019.06.19 2018나3906
손해배상(기)
Text

1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.

2. A. B. A. based on the counterclaim filed by this court.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a company that provides sports and entertainment-related services.

The defendant is a public corporation established on September 28, 2010 for the purpose of creating, operating, managing, etc. C Park.

B. On October 2010, the Jinjin market obtained a permit from the head of the D agency to occupy and use public waters in front of E, 7,923 square meters of the public waters for the purpose of naval and mooring facilities in front of the Jinjin-si, and the Defendant has developed, operated, and managed C Park in the public waters as entrusted by the head of the D agency.

After that, on June 3, 2014, the Jinjin City obtained permission from the head of the D agency for the occupation and use of public waters to change the purpose of the occupation and use of ships, mooring facilities, and pedagogs into tourist facilities, and obtained approval for the implementation plan for the construction of the 2000 Formula 1 on the same day.

Article 2 Major Terms of Contracts

1. The defendant leases a place where a fryer is installed, and the plaintiff installs and operates a fryer at the leased place.

2. The Plaintiff shall pay 25% of the charges (sales) for the use of the Hagle on the last day of each month to the Defendant as a rent for public waters.

3. The term of lease shall be 15 years, and the plaintiff shall contribute a fluor to the defendant after 15 years.

Article 3 [Article 3 does not indicate "Article 3" in the lease contract (No. 1) in which a happy is installed, but such recognition is given in consideration of the contents before and after the contract and the claims of the parties]

1. The Defendant’s responsibility and duty 1) 3805, 3rd electricity shall be charged to the place where the Haogle is installed, 5) the implementation of all the administrative procedures with the administrative authorities, such as the watcher and D institution, in relation to this contract, and the permission for use shall be extended in a valid manner.

6) To ensure that the Plaintiff does not interfere with the operation of the business, consideration shall be given to the maximum extent possible, and efforts shall be made so as not to interfere with the business and operation due to excessive interference. 2. The Plaintiff’s responsibility and duty 1).

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