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(영문) 대구지방법원 2015.05.28 2014가합8831

계약해지무효확인등

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 November 19, 2010, the Plaintiff entered into a general service contract with the Defendant for the B safety patrol services, and with the total contract period from December 1, 2010 to November 30, 2016, with the total contract amounting to KRW 3,711,640,000, and entered into an annual contract with the Defendant, and entered into a road safety patrol service contract (hereinafter “instant service contract”) with the name of “C” in the manner of concluding annual contracts.

B. The general terms and conditions of the instant service contract are as follows.

Article 1(Purpose)The purpose of this condition is to prescribe the terms and conditions of the contract to be fulfilled between the parties to the contract, and the parties to the contract shall carry out the contract on the basis of the principle of good faith and sincerity in accordance with

Article 29 (Cancellation or Termination of Contracts due to Reasons for which Contracting Parties are Responsible) (1) Where the other party to a contract falls under any of the following subparagraphs, a contracting officer may cancel or terminate all or part of the relevant contracts:

5. Where any illegal or wrongful act interfering with acceptance of bribe or normal contract management while performing a contract exists.

7. Where contract terms are violated and the purpose of the contract cannot be achieved due to such violation.

C. The instant service contract includes the “standard manuals for performing the duty of safety patrol on Expressway” presented to the Plaintiff by the Defendant (hereinafter “standard manuals”) as the content of the contract. The part related to the instant case in the standard manuals is as follows.

Part III General Affairs of Contracts in Section A of the External Operation Management

6. Termination of contracts;

(a) A contract for the safety patrol service shall be rescinded or terminated when any of the following matters arises, in addition to the grounds for cancellation or termination of the general terms and conditions of the service contract pursuant to Articles 29 through 31:

The improper operation of the safety patrol within the period of one contract.