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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Defendant is the implementer of the new construction project of the rent-lease B, which is one of C in Japan, at the same time.
B. On July 20, 2015, the Plaintiff entered into a service contract with the Defendant with the content that the service price is KRW 23,000,000 per month (excluding value-added tax) and the service period is set from July 20, 2015 to three months after the commencement of occupancy to provide agency services (hereinafter “instant service contract”).
Article 5 of the General Terms of the instant service contract provides for the following:
Article 5 (Termination and Termination of Contracts)
1. Where Party A (the defendant, hereinafter the same shall apply) and Party B (the plaintiff, hereinafter the same shall apply) fall under any of the following subparagraphs and notify the other party of the fact in writing two weeks prior to the request for correction, and the correction is not made even if the request for correction is made, the termination of the contract and the whole or part of the contract may be terminated, and
(1) A, intentionally or by gross negligence, has violated the provisions of this contract; 2. Where A is unable to perform his/her duty longer due to any cause or violation of his/her obligations; 3. Where A’s duty requested to B by resolution at the general meeting or the board of directors of the cooperative is delayed or refused to perform his/her duty without justifiable cause; 4. Where B fails to commence his/her duty without justifiable cause even after 15 days have passed since the execution of the contract; 5. Where B becomes unable to complete his/her duty due to any cause or event attributable to B; 6. Where B is unable to perform his/her normal duty due to suspension of financial transactions, default, or any other similar cause or event he/she
2. Where a contract is terminated or terminated, duties performed up to the time of termination (cancellation) and duties arising therefrom shall belong to A, and all documents, books, etc. received from A during the implementation of the project shall be returned to A.
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