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(영문) 창원지방법원 2016.10.14 2015가단73381

약정금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On December 31, 2013, the Plaintiff and the Defendant entered into a contract (hereinafter “instant contract”) with regard to the management of Sungsan-gu Ho-si B store and ancillary facilities in Changwon-si, Changwon-si, with a contractual term of contract from January 1, 2014 to December 31, 2015, and with a monthly contract amount of KRW 16,024,328 (excluding value-added tax) (hereinafter “instant contract”).

Article 16 (Matters to be consulted with the Defendant) (1) Matters concerning the organization and adjustment of quota under the contract of this case (2) where the overall cost of management and service is required due to a price increase or a change in the relevant statutes, mutual consultation shall be adjusted.

(3) Article 20 (Cancellation of Contracts) (1) The defendant and the plaintiff may terminate the contract in any of the following cases, and may claim damages therefrom.

1. Above

4. Omitted.

5. When the defendant or the plaintiff has failed to perform the contract without any special reason (2) when the defendant and the plaintiff intend to cancel the contract pursuant to paragraph (1), they shall notify the other party of the details thereof in writing not later than 30 days prior to

(3) Where the contract is terminated during the contract period due to the defendant's circumstances, the service cost for the remaining contract period shall be paid.

The main contents of the provisions concerning the termination of a contract shall be as follows:

On April 9, 2014, the Defendant notified the Plaintiff that the instant contract was terminated by content-certified mail as of April 30, 2014.

[Ground of recognition] Facts without any dispute, Gap evidence 1, and 2-1

2. The allegations and judgment of the parties

A. On April 3, 2014, the plaintiff defendant unilaterally changed the number of contract management contract workers from 7 to 4, and notified that the contract should be terminated if the contract is not performed. The contract of this case was terminated in the absence of the plaintiff's failure to perform the contract.