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(영문) 창원지방법원통영지원 2015.01.29 2014가합1009
손해배상(기)
Text

1. The Defendant’s KRW 400,000,000 as well as 5% per annum from April 23, 2014 to January 29, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is a company established on April 22, 2004 for the purpose of the business, tourist business, and tourist transport business, etc. in Tong Young-si, and the Plaintiff was preparing to establish D Co., Ltd. (hereinafter “D”) for the purpose of running a business, such as a flood line operating between Dong-si and C around May 2011.

B. On May 19, 201, the Plaintiff and the Defendant entered into a contract under which the Defendant entrusts the Plaintiff with the excursion ships and pilotage tickets (hereinafter “instant airline tickets”) operating between the macro-si area and C (hereinafter “instant airline tickets”) with the operation right (hereinafter “instant delegation contract”), and the details of the contract are inferred as follows.

1. The scale and the prescribed number of vessels shall be limited to three sight lines and one roadway lines (not more than 250 seats) with not more than 250 seats; 2. The period of delegation shall be five years from the date of conclusion of the contract (Agreement) and shall be extended if it is well performed;

3.B (Plaintiffs) shall pay 100 million won per vessel a deposit for operation of the vessel to Gap (Defendant).

4. The amount of KRW 50 million per ship per year under the pretext of C residual teaching fees and entrance fees of the ships under the above-mentioned paragraph (1) ¡¿ four kinds of ships = 200 million shall be paid.

5. The deposit under the foregoing paragraph 3 becomes effective at the same time as the deposit is made to A by May 19, 201.

C. On May 19, 201, according to the instant delegation contract, the Plaintiff paid KRW 400 million to the Defendant KRW 400 million for the operation deposit for four vessels, and KRW 200 million for the remaining school expenses and the entrance fee for one year (hereinafter “entry fee”).

In addition to the jurisdiction of the E Park in accordance with the administrative district, since the budget and administrative support was provided from the time of the creation of the above park, it was argued that the regional excursion ships in Tong-si had the right to operate the park in the above park. Since the distance from the above park is close to the above park, it is inevitable to receive the water and electricity supply from the presentation, so the city area also has the right to operate the park in the above park.

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