1. The plaintiff's claim is dismissed.

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

Details of the disposition

In order to select a management trustee of a public parking lot (area 2,083 square meters; hereinafter “instant parking lot”) located in Busan-gu, Busan-gu, Busan-do, the Defendant entered into an entrustment management contract (hereinafter “instant contract”) with the Defendant on November 16, 2017 to November 15, 2018, setting the minimum bidding price as KRW 144,387,000 for each of the instant parking lot management trustee. The Plaintiff participated in the said bid and offered a bid price of KRW 241,00,000, which is higher than the minimum bidding price, and entered into the instant entrustment management contract with the Defendant on November 7, 2017 (hereinafter “instant contract”).

The main contents of the contract are as shown in attached Table 1 "A written entrustment management contract for a public parking lot".

The Plaintiff decided to pay annual user fees in four installments pursuant to Article 11(2) of the instant contract, and paid annual user fees of KRW 60,262,40 to the Defendant from November 15, 2017 to February 15, 2018.

On December 14, 2017, the Plaintiff: (a) notified the Defendant that the instant contract was terminated and the instant parking lot was abandoned on the grounds of health that the Plaintiff’s health was worse due to the operation of the parking lot, and that the instant parking lot was operated until February 15, 2018, where the Plaintiff was operating the instant parking lot by operating the parking lot until February 15, 2018.

On March 12, 2018, the Defendant notified the Plaintiff of the prior disposition on the disposition of the revenue on the disposition of the Plaintiff’s revenue on the ground that “the Plaintiff entered into the instant contract on November 7, 2017 and operated the instant parking lot on consignment, but waives the contract due to health reasons” (18,078,760 won (=180,787,600 won for the remainder of the contract period (from February 16, 2018 to November 14, 2018)” (i.e., 241,050,000 won - 60,262,40 won)]. The Defendant notified the Plaintiff of the prior disposition on the disposition of the revenue.