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(영문) 부산고등법원 2020.10.22 2019나51669

용역비

Text

The part against the plaintiff falling under the amount ordered to be paid under the judgment of the first instance shall be revoked.

The defendant.

Reasons

1. The reasoning of the judgment of the court in this part of the underlying facts is as follows, with the exception of cutting, adding, or deleting a part of the facts as follows.

(The main text of Article 420 of the Civil Procedure Act). The "the first design contract of this case" of the first instance judgment shall be amended to "the original design contract".

The following shall be added between the third upper end of the judgment of the first instance and the fifth end below, and the fifth end:

Article 14 (Cancellation or Termination of Contract under B) (1) A may cancel or terminate all or part of a contract in any of the following cases:

1. Where it is deemed that the business of Eul is suspended or it is impossible to resume within 30 days because Gap has obstructed the business of Eul or delayed the payment of the price therefor;

2. When it is apparent that the performance of duties of the stipulated B is objectively impossible because the condition of the design request presented by the Party A is significantly modified;

3. Where Party A transfers contractual rights or obligations without the consent of other party;

4. Where it is difficult for A to perform his duties because he fails to provide materials necessary to perform his duties.

5. In the event that the performance of the contract is impossible due to death, disappearance, disease, or any other cause, the contract shall be executed by adding “B” (hereinafter “instant second design contract”) to “B” and “the instant design contract” in addition to “original design contract” under the third top top top of the judgment of the first instance. The following shall be added to “B” under the fourth top of the judgment of the first instance. “B” (Cancellation and termination of the contract under Article 14(B) may be entirely or partially rescinded in any of the following cases:

1. Where it is deemed that the business of Eul is suspended or it is impossible to resume within 30 days because Gap has obstructed the business of Eul or delayed the payment of the price therefor;

2. F. B. A’s agreement by significantly modifying the design requirement conditions presented at the time of the contract.