계약해지 무효확인 등 청구의 소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Basic Facts
The Plaintiff entered into a service contract for “B” was a corporation that is engaged in the development, supply, advisory business, etc. of software, the share ratio of C (hereinafter “C”) and C, the representative, 64.03%, and the Plaintiff’s share ratio of 35.97%, which was ordered by the Defendant, was determined as a successful bidder.
Accordingly, on October 30, 2017, the term of contract from October 30, 2017 to December 28, 2017, the Plaintiff and C concluded a service contract for “B (B (B)” (hereinafter “B service contract”) with the Defendant with the total service amount of KRW 1,286,75,00,00, and the contract amount of KRW 230,732,040 was determined on December 27, 2017, and later, on December 27, 2017, the term of contract was between January 2, 2018 and December 27, 2018; the contract amount of KRW 1,056,02,960; contract deposit of KRW 193,013,250; and liquidated damages rate of KRW 25% (hereinafter “B service contract”).
The content of the instant service contract related to the instant case is as follows.
(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 contract:
Provided, That in cases falling under subparagraph 3, the contract shall be maintained when the other party to the contract has the possibility of performing the contract and it is deemed necessary to maintain the contract, and the other party makes late payment of the contract
2. Where the relevant services are not completed or are unlikely to be completed by the deadline for completing the services due to any cause attributable to the other party;
3. Where the penalty for delay under Article 18 (1) reaches an amount equivalent to the contract deposit of the relevant contract (in cases of a long-term continuing service contract, by the number of vehicles) under Article 50 (1) of the Enforcement Decree, the contracting officer shall be the members of joint contractors.