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(영문) 서울고등법원 2014.12.12 2014나19990
손해배상 등
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of appeal are borne by the Defendant (Counterclaim Plaintiff).

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

Basic Facts

The Plaintiff is a juristic person established for the purpose of department store business, etc., and is operating C stores in Goyang-si E (hereinafter referred to as “C stores”) and D stores in Incheon F (hereinafter referred to as “D stores”).

The defendant is a company established for the purpose of the entrusted operation business, etc. of the Cultural Center, and the joint defendant B of the first instance is a representative.

On December 199, the Plaintiff entered into an entrustment contract with the Defendant for the cultural center located in C and entrusted the operation of the cultural center to the Defendant.

On November 30, 2005, the Plaintiff and the Defendant renewed the above contract and entered into a contract for the operation partnership of the cultural center (hereinafter “instant contract”) with respect to the above Cstore Culture Center and Dstore Culture Center on November 30, 2005.

In order to ensure the successful and future development of the cultural center, the Plaintiff and the Defendant undertake to entrust and entrust the facilities of the cultural center to enter into an operating contract as follows, and to comply with the agreement on the basis of mutual trust and good faith.

Article 2 (Purpose of Contract) The Plaintiff shall entrust the Defendant with the facilities and collection (books, chairs, and lecture materials) of the C Point Culture Center (Ground 8 220 square meters) and D Point Culture Center (Ground 183 square meters), and the Defendant shall perform duties necessary for the operation of cultural lectures within the cultural center, which is the Plaintiff’s place of business, based on good faith and good faith, by taking charge of the overall operation of the cultural center based on K-H-How, with due care as a good operator.

Article 3 (Term of Contract) (1) The term of this contract shall be from December 1, 2005 to November 30, 2010.

(2) Before the expiration of the contract period, the Defendant requested the Plaintiff in writing to extend the contract period, and the contract period may be extended by two years according to the written extension agreement between the Plaintiff and the Defendant.

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