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(영문) 서울고등법원(춘천) 2019.06.05 2019나50302
계약해지무효확인
Text

1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. Of the total litigation costs, 50% is the Plaintiff, and the remainder is the Plaintiff.

Reasons

1. The reasoning of the judgment in this part of the facts of recognition is the same as the corresponding part of the reasoning of the judgment in the first instance, and thus, it is cited in accordance with the main sentence of Article 420 of

2. Judgment on the defendant's main defense of safety

A. The Defendant asserts that, even if there were defects in each termination of the instant consignment management contract in the past, the instant consignment management contract was terminated by meeting legitimate requirements and procedures on February 15, 2019, the instant lawsuit seeking nullification of each termination of the instant consignment management contract is unlawful as there is no benefit of confirmation.

B. Comprehensively taking account of the overall purport of the statements and arguments in the evidence Nos. 30 through 34, ① A resolution was made by the council of occupants’ representatives on February 7, 2019 on the cancellation of the instant consignment management contract with the Plaintiff on the basis of the proposal. Based on the proposal, the residents’ voting was conducted with the Plaintiff on February 7, 2019 to February 13, 2019; ② as a result of the residents’ voting, the residents’ voting was conducted on the termination of the instant consignment management contract with the Plaintiff; ② as a result of the residents’ voting, the residents’ voting obtained 116 households’ consent votes from all 203 households, and is required to terminate the instant consignment management contract pursuant to

The instant consignment management contract is terminated on February 15, 2019, and the Plaintiff notified the Plaintiff of the termination of the instant consignment management contract on February 15, 2019, and ④ the Plaintiff did not pay the agreed consignment management fee from February 2018 to January 2019, added this court’s claim seeking payment of KRW 2,400,000 for the 12-month consignment management fee from February 2018 to January 2019, but the Defendant fully paid the commission for consignment management and damages incurred therefrom to the Plaintiff on May 7, 2019, and it is recognized that the Plaintiff revoked the Plaintiff’s claim for payment on May 15, 2019.

C. If so, it is the judgment of the first instance court.

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