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(영문) 수원지방법원성남지원 2015.10.29 2015가합201547
채무부존재확인
Text

1. On May 15, 2014, regarding the Defendant’s B contracts for the safety patrol between the Plaintiff and the Defendant for the safety patrol services of the Defendant.

Reasons

1. Basic facts

A. On November 18, 2010, the Plaintiff concluded a safety patrol service contract between the Defendant and the total contract amounting to KRW 3,711,270,00,000, and the total contract period from December 1, 2010 to November 30, 2016, and concluded a safety patrol service contract between the branch offices of the business section B within the scope of the total contract period, to renew the contract on a yearly basis. From that time, the Plaintiff performed the safety patrol service contract between the Defendant and the total contract amounting to KRW 4,55,142,71 (hereinafter “instant service contract”). The Plaintiff renewed the said contract by increasing the total service amount on March 17, 2014 to KRW 4,55,142,71 (hereinafter “instant service contract”).

B. On November 18, 2010, the Plaintiff issued a performance guarantee insurance policy (contract) with the purchase price of KRW 371,127,000 from the Seoul Guarantee Insurance Co., Ltd. in accordance with the above safety patrol service contract. The Plaintiff received a contract modification certificate whenever the said renewal contract is concluded and delivered it to the Defendant.

C. The main contents regarding the cancellation and termination of a contract among the general terms and conditions included in the instant service contract (hereinafter “instant service contract”) are as follows.

Article 29 (Cancellation or Termination of Contracts due to Reasons for Liability of Substitutes to Contracts) (1) Where parties to contracts fall under any of the following subparagraphs, a contracting officer may cancel or terminate all or part of the relevant contracts:

1. Where a service is not commenced even after the agreed commencement date has elapsed without any justifiable ground;

2. Where the relevant services are not completed or are unlikely to be completed by the deadline for completing the services due to any cause attributable to the other party;

3. Where the penalty for delay under Article 18 (1) reaches an amount equivalent to the contract deposit of the relevant contract (in the case of a long-term continuing service contract, the contract by number of vehicles) under Article 50 (1) of the Enforcement Decree.

4. A contract for long-term continuous service shall be concluded after the second service payment.

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