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(영문) 대구지방법원 2017.01.17 2016구합22348
계약해지통보 무효확인 등
Text

1. On June 4, 2016, the Defendant entered into an entrusted management contract for the city bus platform with the Plaintiff on May 12, 2016.

Reasons

1. Details of the disposition;

A. On May 12, 2015, the Plaintiff (former trade name: Maneung Construction Co., Ltd.; hereinafter, regardless of whether it was before or after the mutual change) entered into an entrusted management agreement with the Defendant on the urban bus platform (hereinafter “instant contract”) and the main contents thereof are as follows.

Article 1 (Purpose) The purpose of this Agreement is to efficiently manage the open platform of urban buses.

Article 2 (Definitions) The definitions of terms used in this Agreement shall be as follows:

1. The term "open platform" means a platform facility with a roof installed to enable citizens who use urban buses to evacuate from heavy rains and to wait for them;

2. The term "raculation guidance map" means a facility set up on an urban bus platform that passes through each route and installed on the urban bus platform;

3. The term "appurtenant facilities" means all facilities installed in urban bus platforms, including guidance, guidance, etc. posted on the atmosphere and platform to provide the convenience of passengers;

Article 3 (Subject to Entrusted Management) (1) Facilities subject to Entrusted Management under this Agreement mean the urban bus open platform areas, traffic guidance maps and ancillary facilities established in Daegu Metropolitan City as of the date the contract is concluded (hereinafter collectively referred to as the “instant platform”).

2. An urban bus platform that is normally newly established during the term of the contract after the conclusion of this contract shall be included in the subject entrusted management under this contract, and a commercial commercial advertisement may be placed on a newly established platform (hereinafter referred to as "Plaintiff and B") by making use of the newly established platform.

Article 4 (Term of Contract) (1) The term of contract under this Agreement shall be from May 13, 2016 to May 12, 2019.

Article 5 (Termination of Contract) (1) A (the defendant, hereinafter referred to as "A") may terminate the contract with B in any of the following cases:

1. Where it is deemed impossible to attain the purpose of the contract without any justifiable ground, in violation of the provisions of the contract;

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