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(영문) 서울중앙지방법원 2014.10.01 2014나5196
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. From April 2002, the Plaintiff entered into a service service contract with the Defendant, and vicariously performed the duties of A/S on the products or products sold to the domestic market by the Defendant. The Plaintiff divided the duties of A/S with E/S with Eswon Co., Ltd. (hereinafter “PSwon”) and North Korea Information Co., Ltd. (hereinafter “North Korea Information”), and took full charge of the duties of E/S by region. The Plaintiff took full charge of the largest area of Es.

B. On April 1, 2012, the service contract between the Plaintiff and the Defendant shall be renewed each year, and the contract (Evidence A No. 4, hereinafter “instant service contract”) was concluded with the following terms and conditions, and Article 5(5) and the proviso to Article 6 was newly established, and Article 7(1) and (2) of the former Act shall be paid service fees to “A (referring to the Defendant) for free repair in accordance with the standards set forth in Appendix 1: Provided, That the service agency fee may be modified by agreement with the Plaintiff, and the remainder is as the previous year.”

Article 5 (Termination and Termination of Contracts) This Agreement may be terminated upon expiration of the term of validity provided that:

(1) Where one of the parties fails to perform his/her duty under this contract, (3) inevitable circumstances arise where one of the parties is unable to continue this contract. (5) Where one of the parties gives written notice of termination to the other party within the evaluation period as a result of failure to draw up an agreement on the standard adjustment in attached Table 1 in connection with the proviso to Article 7 (1) and (2), the termination shall take effect three months after the other party is notified

Article 6 (Term of Contract) The term of this Agreement is from April 1, 2012 to March 31, 2013.

Provided, That the accurate service cost may be reviewed after three months, and the service cost and the contract period may be changed.

Article 7 (Service Charges and Service Charges) (1) A shall be in accordance with the standards in Appendix 1.

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