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(영문) 대전지방법원 2019.07.17 2017가단228110
용역비
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On July 8, 2015, the Defendant, C Co., Ltd. (hereinafter “C”) and D entered into an agreement on theme park business (hereinafter “instant agreement”) with the following contents in order to implement the business to create tourist farms (theme park) on the ground of the public land, F, and nine parcels (hereinafter “instant land”) owned by the representative director E at the time of the Defendant’s representative director E (hereinafter “instant land”).

The Defendant (hereinafter referred to as “A”) and the project executor C (hereinafter referred to as “B”) and the civil engineering work executor D (hereinafter referred to as “disease”) agree as follows in order to pay entrance fees generated from the management of the tourist farm development project (theme park) for land usage fees and civil engineering construction costs:

Article 1 [Obligation A] After obtaining the tourist farm authorization and permission, Article 1 (Obligation A) is completed by Byung to provide Byung with the basic civil engineering work at the time of official week, after completing the primary civil engineering work at the time of official week.

Article 2 [Obligation of B] B shall invest in all facilities for tourist farm business (theme park business) and use it for 10 years from the date of opening and transfer to A without compensation all rights, including superficies business rights.

Article 3 (Obligations of Soldiers) Byung is obligated to provide Eul with the completion of basic civil engineering works at the time of official week as required by Eul (First Class 9,000) and to provide them to Eul.

Article 4 [Business Management Obligations of B] A shall operate business, manage property, and faithfully perform all obligations to A.

Article 5 [Obligation to Pay User Fees to Eul] The amount equivalent to 25% of the admission fees from the opening date to the termination date of this contract shall be paid to Gap as usage fees of land at the end of each month, and the amount equivalent to 5% shall be provided to Byung for five years, and the amount equivalent to 5% shall be paid to Gap after five years.

At the same time, the sales report related to admission fees shall be made to Gap.

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