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(영문) 수원지방법원 2020.12.16 2019나10207
금전(컨설팅용역비)
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. On March 27, 2018, the Defendant, who had been entrusted with the hotel of Pyeongtaek-si (hereinafter “instant hotel”), concluded a consulting service contract with the Plaintiff (formerly changed: D Co., Ltd.) on the following terms (hereinafter “instant contract”) in order to promote the business of the instant hotel.

Article 2 [Scope of Services] The scope and details of consulting to be provided to the defendant by the plaintiff shall be as follows:

1. Assistance in the business of attracting accommodation and events, such as the US forces and their families, civilian employees in the military, and their families, who work for the registration of the hotel of this case operated by the defendant and the military bases;

2. Business support for attracting accommodation and events of juristic persons, employees, etc. in a usual hotel in the instant hotel operated by the defendant;

3. Registration of the hotel of this case operated by the defendant (2 warships in the Navy) under Article 3 (Contract Term and Consulting Service Cost)

1. Contract term: One year ( March 5, 2018 - March 4, 2019);

2. Service costs: 5,000,000 won/months.

3. Time of payment: Article 5 (Obligation of Plaintiffs)

1. The plaintiff must report the results of the service duties to the defendant at least once a week.

Article 10 (Termination of Contracts)

1. Where any of the following causes arises, the defendant or the plaintiff may cancel or terminate this contract by giving written notice to the other party, regardless of the contract term:

(2) Where it is difficult to maintain the contract any longer due to the decision of preservation, disposal and compulsory execution, composition, corporate reorganization, bankruptcy, etc. of the principal and the other party's major properties, and the other party's failure to correct the relevant violation within 10 days from the date the other party has violated the matters stipulated in the contract in this case without any justifiable grounds and has received a written request for correction in writing.

B. The Plaintiff: (a) from March 2018 to July 2018, the registration of military units; (b) the advertising of the U.S. military published newspapers; and (c) the production and distribution of English advertising carbs.

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