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(영문) 춘천지방법원강릉지원 2016.09.22 2015구합1848
부정당업자제재통보처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On July 18, 2014, the Plaintiff entered into a contract with the Defendant to perform the instant service (hereinafter “instant service contract”) with the content of branding measures to research, brand identity development, and production of outcomes with respect to the specialty in the implied Ho Lake area during the period from July 21, 2014 to May 16, 2015, upon receiving a successful bid for the regional product brand development service (hereinafter “instant service”).

B. Under the instant service contract, the Plaintiff submitted a report on the instant service performance to the Defendant around October 29, 2014 and around December 15, 2014, pursuant to the instant service contract.

However, on January 20, 2015, the Defendant did not comply with the Defendant’s demand to report the first interim report within three months after the conclusion of the instant service contract, and submitted a report on October 29, 2014, which was three months after the date of the conclusion of the instant service contract. As a result of the review of each of the above reports submitted by the Plaintiff, the Defendant acknowledged that the Plaintiff was not likely to complete the instant service by the deadline stipulated in the instant service contract, and notified the Plaintiff of its intent to terminate the instant service contract by deeming that the Plaintiff’s performance of the instant service was considerably insufficient in light of the schedule of the business performance plan submitted by the Plaintiff.

C. After that, on March 9, 2015, the Defendant: (a) deemed that the Plaintiff did not comply with the Plaintiff’s demand for the performance of the contract; and (b) there is no possibility that the instant service will be completed by the time limit for the performance of the instant service; (c) thus, the Plaintiff is a party to the instant service contract on the ground that the Plaintiff failed to perform the instant service contract without justifiable grounds, or breached

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