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(영문) 서울고등법원 2018.11.23 2017나2074956
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

Basic Facts

A. On February 23, 2016, the Plaintiff: (a) obtained permission to use State property from the Armed Forces Welfare Group of the Defendant for the use of the 206.64 square meters of a dormitory of C High School in C High School in B in Pakistan-si; and (b) operated a store from March 25, 2016, with the permission to use State property as follows:

(hereinafter “instant store” and “this case’s permission for use. The name A resident registration number (Omission) address of Songpa-gu Seoul Metropolitan Government, 202 telephone (Omission) - the indication of property (E and 6 parcels) - Gyeonggi-do, Pakistan-si B (E and 6 parcels) - the exclusive building area: The exclusive building area submitted on February 23, 2016, along with the following conditions as to the application for permission for the use of the indicated property submitted on February 23, 2016 (C and 1st floor of a C high School), may be permitted pursuant to Article 14(3) of the Enforcement Rule of the State Property Act (hereinafter “use”).

On March 21, 2016, the divisional property manager of the Ministry of National Defense: Article 1 (Purpose of Use) of the conditions of permission for the head of the Armed Forces Welfare Center shall be the store.

Article 2 (Period of Use) The period of use shall be from March 25, 2016 to March 24, 2021.

Article 3 (User Fee) User Fees shall be KRW 16,000,000 (Additional Tax Separate) annually.

Provided, That user fees for the following year shall be determined annually pursuant to Articles 29 and 31 of the Enforcement Decree of the State Property Act.

In any of the following cases, permission for use may be revoked for all or part of the permitted property:

10.Article 26 (Matters to be Observed) where a person falls under any ground for sanctions (attached Form 1) during business or commits an act contrary to special conditions for the operation of a store.

9. No person shall be allowed to re-tender for two years where the permission for use has been revoked or withdrawn due to a cause attributable to the employee himself/herself;

[Attachment 2]

3.In the case of bread, milk, beverages, fruits, ices, ices, ices, packaging, suspension, students’ necessary goods and foods with a product approved by the Armed Forces Health Authority, for which the producer is clear and which has obtained permission from the Armed Forces Welfare Corps.

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