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(영문) 수원지방법원안양지원 2019.02.14 2017가합103783
손해배상(기)
Text

1. The claim of this case is dismissed.

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

Reasons

1. The principles of theme park operation to achieve the objectives of Article 2(the Rotterdam Operation Principles) of the Basic Facts are as follows:

1. A truster shall create theme park and entrust the trustee with the operation of theme park, and the trustee shall operate theme park in accordance with this contract at the cost of the trustee and at his/her responsibility;

3. The Parties shall form the Rotterdam Operation Council to consult on various items derived from the operation for the achievement of the operational objectives, common interest, and continuous development.

Section 4 (Purpose of this Agreement) The purpose of this Agreement is to entrust the operation of theme park created by the entrusting company to the entrusting company, and to create common interests between the entrusting company and the consignee in accordance with the purpose and principle of theme park operation with good faith and expertise.

Article 7 (Roles and Responsibilities of Trusters and Entrusteds) (1) A consignor shall entrust a trustee with the establishment, installation and installation of basic facilities, etc. falling under each of the following subparagraphs:

1. All construction of experience centers, admission ticket selling places, F&B-related facilities, commemorative stores, kisck, etc. and interior facilities. (2) The trustee shall perform the following affairs so that theme park business can be operated smoothly upon being entrusted with the object by the truster:

Expenses incurred in conducting the following affairs shall be borne by the trustee, unless otherwise provided for in this Agreement:

1.Article 15 (Rights of Entrusted) 15 (Rights of Entrusted) of the Operation, Maintenance, and Management of the Rotterdam Buildings, Facilities, Devices, Collections, Contents, Programs, etc. ① The Trustee shall have exclusive rights to autonomy in operation and to third parties to achieve the success and achievement of the objectives of operation within the scope of this Agreement.

(2) A trustee may select and operate a partner in a specialized area in connection with the operation of theme park.

Article 16 (Duties of Trustee) (3) A trustee may subcontract, re-contract, or sub-contract any work, such as F&B facilities management, performance, etc., among the work of operating theme park.

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