(영문) 부산고등법원 2020.08.27 2018나55510

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(영문) 부산고등법원 2020.08.27 2018나55510

손해배상(기) 등

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1. The judgment of the first instance, including the claims added by this court, shall be modified as follows:

The defendant.

Reasons

1. The reasoning of the judgment of the court of first instance citing this case is as stated in the reasoning of the judgment of the court of first instance, except where the plaintiff added the judgment as to the claims added by this court as set forth in paragraph (2) below, and thus, it is acceptable in accordance with the main sentence of Article 420

2. The further determination of this Court

A. The summary of the Plaintiff’s claim added in this Court determines the duration of the contract for the facility leasing of this case to three years, and the contract shall be notified to the other party in writing three months prior to the termination of the contract, and the contract shall be terminated.

However, since the plaintiff notified the cancellation of the contract by serving a duplicate of the complaint of this case, the contract for the lease of facilities of this case was terminated on February 4, 2019.

Therefore, even if the defendant did not fail to pay, the defendant is obligated to return the deposit amount of KRW 100 million to the plaintiff according to the termination of the contract for the lease of facilities of this case.

B. (1) According to the contract as of February 5, 2016, prepared by the Plaintiff and the Defendant in entering into the instant contract for facility lease production, the term of lease of the said contract shall be three years and automatic renewal shall be automatically renewed except in extenuating circumstances (Article 10); the other party shall be notified of three months in writing at the time of the occurrence of the grounds for termination of the contract; and the contract shall be terminated (Article 11). Furthermore, according to the contract as of February 18, 2016 on the instant goods supply contract entered into in addition to the said contract, the said contract shall remain in force for one year from the date of conclusion; and if the other party has not expressed his/her intent to terminate the contract three months prior to the expiration of the contract, the said contract shall remain in force for one year (Article 5).

On the other hand, the plaintiff expressed his intent to cancel each of the contracts of this case on the grounds of the defendant's default.

참조조문

-민사소송법 제420조

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