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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Around April 29, 2013, the Plaintiff entered into an agency contract with the Defendant to sell livestock feed and provide services in the military, public and private sectors (hereinafter “instant contract”). The fact that Article 12 of the instant contract is as follows is no dispute between the parties.
Article 12(a)
The plaintiff and the defendant may terminate the agreement without the consent of the other party by giving written or oral notice of termination 60 days prior to the date of termination.
§ 12(b).
When any of the following grounds arises to the Plaintiff, the Defendant shall terminate the agreement without prior notification and may suspend the supply of the product. In such case, the Plaintiff shall immediately pay all the obligations owed to the Defendant:
1. When the Plaintiff did not comply with the obligations, activities, and responsibilities of an agency provided for in Articles 5, 6, and 7 of the Agreement.
2. The Plaintiff’s assertion that the Defendant concluded an agency contract with B at the end of July, 2014, and Article 12A of the instant contract.
The contract of this case was terminated under the subsection.
However, the Plaintiff did not comply with the Defendant’s request for termination of the contract, and the Defendant, on October 8, 2014, Article 12 A of the instant contract to the Plaintiff.
paragraphs 1 and 2.
The contract of this case was terminated under the subsection.
Article 12 Section 12 A of the Contract of this case where the plaintiff operated the agency by investing considerable expenses.
Inasmuch as there is no reason to terminate a contract based on a new agency contract, the above provision is null and void pursuant to Article 6(1) and (2) of the Act on the Regulation of Terms and Conditions (hereinafter “Standard Terms and Conditions Regulation Act”), since it reserves the right to terminate the existing agency contract at any time in order to conclude a new agency contract, which is unfairly unfavorable to the Plaintiff and thus lose fairness.
Furthermore, the Plaintiff’s duties provided for in Articles 5, 6, and 7 of the instant contract, etc.