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(영문) 서울고등법원 2018.07.03 2017나2061363
부당이득금반환청구 등
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. 1) Co., Ltd. (hereinafter “C”) (hereinafter “C”)

A) A contract between D University and D University on February 201, 201 to provide for the lease and operation of the 1st floor, 2nd floor, and 1st floor of D University Library in D University Library (hereinafter “instant operating agreement”) with C, “F” (hereinafter “instant operating agreement”).

(1) The term of contract under Article 2 of the contract is “(1) year from March 1, 2014 to January 31, 2015” (see Paragraph (1)). (2) In the event that D University and C intends to terminate the contract, it shall be notified in writing to the other party one month prior to the expiration of the contract (see Paragraph (2)). (3) In the event D University or C does not notify in writing one month prior to the expiration of the contract, it shall be automatically extended by one year under the same condition (see Paragraph (3)). (2) thereafter, the contract period is continuously extended in accordance with Article 2(3) of the above contract, and C and D University enter into a contract with the following terms and conditions that the contract period is modified in succession in relation to the above contract period.

① On February 27, 2014, paragraph (1) of the said contract term changed to “this contract shall be one year from March 1, 2014 to January 31, 2015,” and the remainder of paragraphs 2 and 3 were stipulated as they are.

(7 pages 6). (2) On January 29, 2015, the term of the above contract was changed to “this contract shall be from February 1, 2015 to January 31, 2016 (one year)” and deleted the same contents as paragraphs (1) 2 and (3) above.

(A) On January 29, 2016, the term of the said contract was changed to “from March 1, 2011 to January 31, 2016. This contract was changed to “from March 1, 2011 to July 31, 2016.”

(B) No. 1(b).

On March 4, 2011, C entered into a joint investment management contract with the Defendant, is less than a joint investment management contract with regard to the first floor and the second floor of the D University Library Library (hereinafter “instant workplace”).

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