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(영문) 제주지방법원 2012.06.27 2011구합1072
조례 무효확인
Text

1. The Defendant partially amended the Ordinance on the Establishment of Jeju Special Self-Governing Province Development Corporation, promulgated on December 7, 2011.

Reasons

1. The details of the promulgation of the Municipal Ordinance;

A. The Plaintiff is a legal entity that sells drinking spring water, and the Defendant is the head of the Jeju Special Self-Governing Province, and the Intervenor joining the Defendant (hereinafter “ Intervenor”) is a local public enterprise established by the Jeju Special Self-Governing Province by investing 100% in accordance with Article 146 of the Local Autonomy Act, Article 49 of the Local Public Enterprises Act, and the Ordinance on the Establishment of

B. On December 16, 1997, the Plaintiff entered into the Framework Agreement on Jeju Telecommunication with the Intervenor, and revised it once on December 16, 2002.

Article 2 (Details and Apportionments) (1) "A" shall take full charge of all the manufacturing activities of products (hereinafter referred to as "manufacturing activities") and "B" shall take full charge of all their selling activities (hereinafter referred to as "sale activities").

Article 3 (Period of Convention) The period of the Convention shall be three years from the date of conclusion of the Convention in accordance with the terms and conditions of automatic extension under Article 3 (Period of Convention) of the Convention, and thereafter shall be extended every year when the quantity of purchase plans under Article 6(2) is implemented.

Article 5 (Price) (1) The supply price of goods shall be determined annually by consultation between "A" and "B".

Provided, That it may, if necessary, consult on a half-yearly basis in accordance with the market price fluctuation.

Article 6 (Purchase Quantity) (1) and Article 6 (Purchase Quantity) of the annual 2009 2010 (ton) 370,000 420,000 500,000 500,000 1 agree to the quantity of purchase plans for the three-year period of contract as follows:

Provided, That where there is an inevitable reason, such as a significant change in the market situation or a shortage of supply, etc., it may be re- coordinated through mutual consultation.

(2) Purchase quantity after October 2010 shall be determined by mutual agreement between “A” and “B” by the end of October each year.

Article 12 (Cancellation of Contract and Compensation for Damages) (1) "A" and "B" may cancel this Agreement if there is a significant obstacle to the implementation of the Convention due to any of the following reasons:

1) Where each of the provisions of this Convention is violated, “A” shall be deemed to be “A.”

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