계약해제무효확인의소
1. As to “C technology transfer transfer/acquisition agreement” concluded on July 2, 2012 between the Plaintiff and the Defendant, the Defendant on July 2, 2013.
1. Basic facts
A. 1) The Plaintiff is a company whose purpose is an information and communications construction business, or structure installation business, and the Defendant is a company whose purpose is to produce video, sound, and communications equipment. 2) The Defendant supplied 800 parts C to the local police agencies in each country from around 200 to maintain and repair them.
The defendant shall bear the obligation to repair defects without compensation for two years from the date of supply of equipment according to the supply contract with the local police agency.
The defendant has entered into a contract for commercial maintenance and repair with the Road Traffic Authority after the lapse of the two-year warranty period, and has been engaged in maintenance and repair business after receiving service charges.
B. 1) On July 2, 2012, the Plaintiff and the Defendant concluded a “C gratuitous transfer contract” with the content that the Defendant would pay and transfer to the Plaintiff the fixed type C gratuitous maintenance and repair business that the Defendant manages after delivery of KRW 130 million. In addition, on July 2, 2012, the Plaintiff and the Defendant entered into a “C technology transfer transfer and takeover contract” (hereinafter “instant contract”) on July 2, 2012, and the main content is as indicated in the attached Form.
C. On November 8, 2013, the Defendant: (a) notified the Plaintiff on November 8, 2013 that “The instant contract is a non-exclusive contract with strong nature of the delegation contract; and (b) Article 5 of the instant contract prohibits a mandatary from re-delegation; (c) the Plaintiff delegated all or part of the maintenance and repair work delegated under the instant contract to D and E; (d) this is an act in violation of Article 682(1) of the Civil Act and Article 5 of the instant contract, and thus, the instant contract shall be rescinded” (hereinafter “instant notification”).
On the other hand, the Plaintiff submitted the instant contract to the Road Traffic Authority, and performed the maintenance and repair work by concluding a C repair contract with the Road Traffic Authority around July 30, 2012.
However, the Road Traffic Authority has a dispute over the instant contract between the Plaintiff and the Defendant, and C from July 2014.