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1. The Defendant shall pay to the Plaintiff KRW 17,646,357 and the interest rate of KRW 15% per annum from June 30, 2016 to the date of full payment.
Reasons
A. The Defendant’s termination of the contract is not legitimate, even if the issue is not a question.
In principle, it is not allowed to terminate the contract automatically extended for the reason of termination that occurred at the original contract period.
As recognized by the Defendant, D had C transport liquefied petroleum gas of another company that is not a dual product, and sold it to the Defendant’s member engineers, which was widely known to the Defendant’s members around June 2010, so the Defendant could cancel the contract from that time.
D The circumstance that the term of office of the representative director was until December 31, 2014 is merely an internal circumstance of the defendant.
Therefore, it cannot be justified for the Defendant to cancel the contract extended on the ground of transport of the products of the C, which was issued within the original contract period, after the lapse of not less than 3 years from the date on which the contract was automatically extended without exercising the right to terminate within
3) As above, as the Defendant did not unlawfully terminate the instant transport contract and did not perform the contract, the Defendant is liable to compensate the Plaintiff for damages incurred due to nonperformance. (b) The amount of damages is that the Plaintiff suffered damages due to the merger of the Plaintiff, as the sum of transport commission and C’s land entry fee, out of the transport fee to be paid from the Defendant for 17 months (from May 31, 2015 to October 30, 2016) of the remainder of the contract extended if the Defendant had not fulfilled his/her obligation, for 17,646,357 (from May 31, 2015 to October 30, 2016).
4. Conclusion, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from June 30, 2016 to the day of full payment, which is the day following the delivery of the Plaintiff’s petition for modification of the purport and cause of the instant claim.