beta
(영문) 수원지방법원안양지원 2014.11.07 2014가합371

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a juristic person established for the purpose of external food business, cafeteria chain business, etc., and the Defendant is a juristic person established for the purpose of refining non-ferrous metal, etc., and is operating B party factory on the ground outside C at the time of Siljin-si and 3 lots (hereinafter “Sil Jin factory”).

B. On March 8, 2011, the Plaintiff entered into an agreement on the consignment operation of an employee restaurant (hereinafter “instant consignment operation agreement”) with the Defendant to provide meals to the employees of the watchout factory at the employee restaurant in the watchout factory (hereinafter “instant restaurant”). The terms of the contract and the termination thereof were as follows.

(‘A’ refers to Defendant, “B” refers to the Plaintiff). Article 2 (Contract Period and Place)

1. The contract period shall be from March 10, 201 to March 9, 2012;

The notification of the re-contract shall be notified in writing by A at least one month prior to the termination of the contract and shall be automatically extended for one year unless there is a separate notification.

2. Meal service places shall be the staff restaurant of the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, the seat of which is A;

Article 11 (Termination, etc. of Contracts) A and B may terminate the contract after notifying in writing the intention to terminate the contract in any of the following cases:

1 Where one party notifies in writing the termination of the contract one month prior to the expiration date of the contract.

C. On March 2012, the term of the contract under the instant consignment operation contract was extended to one year pursuant to the automatic extension clause. On February 7, 2013, the day before the expiration of the term of the contract, the Defendant drafted a written agreement (hereinafter “instant agreement”) with D, the representative director of the Plaintiff, which is the Plaintiff’s former representative director, (i.e., from March 201 to May 30, 201) as follows.

“A” refers to the Plaintiff.

1. A and B enter into a re-contract for the entrustment of meal services on or after May 13, 2013, setting a mutually agreed period with respect to the entrustment of meal services from March 9, 2013 to May 12, 2013.