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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. (1) From May 1, 2006 to June 21, 201, the Defendant entrusted the management and operation of the Korea Sports Service Association, an incorporated association (hereinafter referred to as the “Korea Sports Service Association”) pursuant to the Busan Metropolitan City Ordinance on the Establishment and Operation of the Korea Sports Center (hereinafter referred to as the “instant Ordinance”), which was established pursuant to the Busan Metropolitan City Ordinance on the Establishment and Operation of the Seo-gu National Sports Center (hereinafter referred to as the “instant Ordinance”), and terminated the management and operation of the Seo-gu National Sports Center (hereinafter referred to as the “instant Center”), which was directly operated from June 22, 201 to August 31, 201.
(2) On August 31, 2011, the Defendant: (a) entrusted the management and operation of the instant center to the Plaintiff (the former name was the “Association of Sports Program Development of an Incorporated Association”; hereinafter the same shall apply) on the commission of the management and operation of the instant center; and (b) concluded the following agreements:
(hereinafter “instant Convention”). Article 3 (Period of Entrustment) of the Agreement on Entrustment of the Management and Operation of the instant Center (Period of Entrustment) ① The period of entrustment of the instant Center shall be three years from September 1, 201 to August 31, 2014.
Article 4 (Entrusted Facilities and Property) (1) The ownership of the facilities and property of the instant center entrusted to the Plaintiff by the Defendant shall be vested in the Defendant.
② The property (including office equipment, fixtures, etc.) purchased or acquired by donation during the period of entrustment in connection with the entrusted operation of the instant center shall gratuitously revert to the Defendant upon termination of the agreement.
Article 5 (Entrustment Form, etc.) (1) The Plaintiff shall bear all the expenses incurred in the management and operation of the instant center during the period of agreement, such as operating expenses and personnel expenses, and shall be an independent accounting system appropriated with revenues, etc. generated from the operation of entrusted facilities and property.
(2) The defendant may provide the plaintiff with early operation funds together with the conclusion of the agreement.
Article 6 (Collection of Fees, etc.) (1) The user fees of the Center collected by the Plaintiff shall be governed by Article 6 of the Ordinance of this case.
(4) The provisions of paragraphs (1) through (3) shall apply.