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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Defendant related to the parties is a school foundation that establishes and operates the D University located in Jeju (hereinafter “instant school”), and the Plaintiff, on September 1, 1990, worked as a teaching assistant at E University (hereinafter “F University established and operated by the Defendant on March 1, 2012, which was integrated with the Defendant, and became the instant school”). From March 16, 2011 to August 2014, the Defendant was in charge of the duties of the Minister of Foreign Affairs of the instant school from March 16, 201, to November 13, 2012, the Plaintiff was in charge of the duties of the President of the instant school as the president of the instant school, and from November 14, 2012 to April 13, 2013, the Plaintiff was in charge of the duties of the president of the instant school as the president of the instant school.
B. 1) The Plaintiff, as an agent of the president of the instant school, is subject to the execution of a dormitory BTO business contract, on March 20, 2012, as the agent of the president of the instant school.
BTO (BTO - Transfer - Transfer - Transfer - Transfer - Private investment projects prescribed in Article 4 subparagraph 1 of the Act on Public-Private Partnerships in Infrastructure, which are implemented between the school dormitory and student restaurant of this case. At the same time as the construction of infrastructure is completed, the ownership of the infrastructure belongs to the State or a local government and the project operator is granted the right to manage and operate the infrastructure for a certain period of time. The project (hereinafter “instant BTO project”).
2) On April 30, 2012, the Plaintiff entered into the instant dormitory business contract (hereinafter referred to as the “instant BTO business contract”) with a total capacity of 800 inmates and a total amount of 19 billion won, without the resolution of the board of directors and the permission of the competent authorities. The instant BTO business contract contains a provision of the minimum profit security agreement (hereinafter referred to as the “instant minimum profit security agreement”) with the following contents.
Article 28 (Maintenance, Management and Operation of Dormitory Facilities)