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(영문) 서울동부지방법원 2016.06.29 2015가합103324
수허가자지위확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

Basic Facts

On April 4, 2012, the Plaintiff entered into a contract for the use of and profit from the complex restaurant (hereinafter “instant contract”) with the Director of Seoul Children’s Park (hereinafter “instant restaurant”) (hereinafter “A”) under the Defendant’s control, as follows: (a) the “C” refers to the Director of Seoul Children’s Park; and (b) the “B” refers to the Plaintiff, respectively; and (c) the main contents are as follows.

Article 1 (Facilities Subject to Use and Profit-making Period) Article B (Period of Use and Profit-making Period) of the above Facilities is the period from April 23, 2012 to April 22, 2015 (3 years).

Article 3 (Fees) The total amount shall be KRW 1,316,348,000,000 ($3,000,000,000).

(including surtax) Article 14 (Responsibility and Obligations) ① “B” shall comply with and implement various instructions (including uniforms standards, safety rules, friendly service rules, and civil petitions, necessary to improve the image of the park), which are necessary for the operation of the park of “A”.

(13) "B" shall enter into a service level agreement (SLA) with "A" for the quality control of services, prevention of customer complaints, etc.

Article 16 (Administrative Measures) (1) When the obligation of “B” is not faithfully fulfilled, “B” may request correction or issue administrative measures, and “B” shall immediately comply with the request and take necessary measures.

However, when determining that the demand of “A” is unreasonable or unreasonable, “B” may file an objection against the disposition within 15 days.

(2) In relation to Article 14 (1), where a repeated civil petition, customer complaint, or bad-friendly civil petition is filed, the disposition shall be made in accordance with the following standards:

Article 18 (Renewal of Contract Period) (1) The renewal of contract period may be made only once, subject to the approval of "A" within the extent of two years.

Provided, That when the contract period is to be renewed, "B" shall be requested to "A" in an official document five months prior to the expiration date of the contract, and there is no intention to renew the contract without a request for renewal within the deadline.

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