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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. On May 4, 2017, the Plaintiff was selected as a trustee in a bid to select an entrusted manager of the B facilities located in the Jeonbuk-gun, Jeonbuk-gun (hereinafter “instant B facilities”). On May 4, 2017, the Defendant entrusted the management of the instant B facilities to the Plaintiff and granted permission for use and profit-making (hereinafter “instant permission”).
B. At the time, the Defendant added the following conditions to the Plaintiff regarding the instant permission.
Article 2 (Period of Use) (1) The period of entrustment of management of permitted facilities shall be from May 4, 2017 to December 31, 2020.
Provided, That the contract period shall include the construction period for business, such as interior and outside interior interior materials, etc.
Article 3 (Calculation of Commission Fees) (1) The commission fees for the first year shall be KRW 241,00,000 (including additional taxes) for the highest bid price, and the commission fees for the second year shall be calculated and imposed as follows in accordance with Article 31 of the Enforcement Decree of the Public Property and Commodity Management Act:
(2) The property price of the year concerned / the property price at the time of bidding shall be based on the standard market price under the Local Tax Act before the beginning of each year.
Article 4 (Payment of Commissions, etc.) (1) The first year commissioning fees shall be paid before the date of commencement of use, and from the second year, it shall be paid in full after obtaining a payment notice from January 1 of each year to 30 days before the date of commencement of a contract in the second year.
(4) Where a person fails to pay an entrustment fee by the designated date even after having received a reminder on at least three occasions due to the unpaid payment of the entrustment fee, permission shall be deemed waived and permission shall be deemed null and void, and the contract bond already paid shall revert to the person in accordance with the relevant Acts and subordinate statutes and the relevant
Article 5 (Collection of Facility User Fees and Admission Fees) (1) The plaintiff shall collect user fees and admission fees in accordance with the Ordinance on the Operation of Facilities B in the Bupyeong-gun.
However, “user-use-use-use-permission institution” (Defendant).