(영문) 의정부지방법원 2019.11.15 2018가합56596

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(영문) 의정부지방법원 2019.11.15 2018가합56596

손해배상(기)

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1. The Defendant’s KRW 26,655,526 as well as the Plaintiff’s KRW 6% per annum from January 23, 2016 to November 15, 2019.

Reasons

1. Basic facts

A. From January 1, 2016 to January 31, 2016, the Defendant intended to hold “C” (hereinafter “instant festival”); (a) determined the Plaintiff as an event agency through bidding; and (b) concluded a service agreement with the Plaintiff on October 8, 2015, stipulating that the total contract amount of the Plaintiff is KRW 1,550,360,000 (hereinafter “instant service agreement”).

The instant service contract was amended by Ordinance of the Ministry of Public Administration and Security No. 90 of the Ministry of Public Administration and Security, June 23, 2015, based on the criteria for local government bidding and

c. The term “instant criteria”

Part XIV General Terms and Conditions of the 14 Services Contract (hereinafter “Terms and Conditions of the Services Contract”)

B. The terms and conditions of the service contract are set as part of the contract, and the main contents of the general terms and conditions are as follows:

SECTION VII: Delay of Performance of Contracts and Cancellation and Termination of Contracts

4. Rescission or termination of a contract due to changes in circumstances;

(a) In the case of each subparagraph of “3-A”, the agency awarding the contract may terminate the contract when the inevitable circumstances of the agency awarding the contract objectively evident.

C. Where an ordering agency cancels a contract pursuant to “A”, it shall be referred to as “damage settlement amount” in the following amount:

shall be paid to the other party within 14 days from the date of cancellation or termination of the contract.

In such cases, the contract bond under Section 4 (1) shall be returned simultaneously.

(i)the amount not paid out of the proceeds of the operations falling under Section 8 (b)(i) and (ii) of Section 8; (ii) the completion and payment of the costs of the other party to the contract incurred prior to the date of cancellation or termination of the contract for the completion of the entire services;

8. Loss caused by force majeure.

(b) the agency awarding the contract must bear the following losses due to the force majeure event of “A”:

1) According to objective data (such as supervisory logs, photographs or video tapes) among the parts which have not undergone an inspection pursuant to “1”.

유사 판례

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