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1. The plaintiff's primary claim and the conjunctive claim are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The defendant is a company engaged in real estate development and implementation business, which is an executory company of the marine transportation Puan City Officetel in Busan Metropolitan City (hereinafter "the building of this case"), and treatment construction is the contractor of the building of this case. The plaintiff is a company running a hotel management business as a company operating a hotel by being entrusted with operation from the number of buyers in part of the building of this case.
B. The Defendant, around 2013, sold to the buyers each of the headings of the instant building. Of the instant building, the Defendant, on its own, sold out the heading A, 2001, 204, 2103, 2104, 2203, 2204, B, 2001, and 2101 (hereinafter “Defendant-owned heading”).
C. On September 26, 2014, the Plaintiff entered into a contract with the Defendant for the entrusted operation of a living accommodation facility in the shipping Puan City Office (Evidence A; hereinafter “instant entrusted operation contract”) (hereinafter “instant entrusted operation contract”). The main contents are as follows.
Article 1 (General Provisions) The purpose of this Agreement is to determine basic matters to be performed in good faith in accordance with the good faith principle when the defendant delegates the entrusted operation of the goods subject to operation of the following table to the plaintiff in relation to the project.
Article 2 (Scope of Entrusted Business Affairs, etc.) (1) The scope of entrusted operation to be performed by the Plaintiff shall be limited to the operation of accommodation facilities of the Defendant, and the scope of entrusted operation to be performed by the Plaintiff shall be limited to the following subparagraphs: (a) the number of entrusted units among the 7th underground floors, 222-dong officetels, 535 units above ground, and officetels 535 units of the object subject to entrusted operation in 905, and officetels 905 units of the object subject to entrusted operation:
1. Operation as living accommodation facilities;