1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. 1) The Plaintiff is a company that manufactures and processes food and beverages. 2) The Plaintiff is a company that operates an Asan City D hotel.

나. 위탁운영계약의 체결 1) 원고는 2016. 6. 15. 피고 회사와 사이에, 원고가 D호텔 내부의 부대업장(E, 커피숍, F, 베이커리, 스낵바, 웨딩홀, G, 연회장)의 식 ㆍ 음료 판매와 조리 등 운영을 위탁받아 하고 피고 회사로부터 위탁수수료를 지급받기로 하는 내용의 위탁운영계약(이하 ‘이 사건 계약’이라 한다

(2) The content of the instant contract pertaining to the instant case is as follows.

Commissioned Operation Contract A: Defendant Company B: The purpose of this Agreement is to provide Plaintiff A with a place designated under Article 2 (hereinafter referred to as “A”) and to provide Party B with goods, services, etc. for customers and visitors visiting the place of business, as entrusted by Party A, and to provide Party B with a fair transaction each month by receiving commission fees for entrusted operation under a monthly contract.

Article 3 (Terms of Contracts)

1. Eul shall conduct the business limited to the places of business under Article 2, and run with the consent of Gap concerning the installation and structural improvement of goods, facilities, etc. necessary for the business;

If B intends to change the place of business, he/she shall obtain the prior written consent of A, and in such cases, he/she shall separately adjust management expenses, etc.

10. A shall cooperate to the maximum extent possible to activate the business of B.

12. A shall pay a monthly fee under Article 11 after deducting the amount corresponding thereto, where a customer compliance or dissatisfaction or a problem occurs within the place of business.

Article 11 (Fees for Entrusted Operation)

1. The criteria for selling and selling food and cooking entrusted shall be as follows: