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Reasons
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(영문) 서울중앙지방법원 2018.07.18 2017나79969
컨설팅용역대금반환 등
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1. The plaintiff's appeal and the defendant's appeal are all dismissed.

2. The costs of appeal shall be borne by each party.

3. The judgment of the court of first instance is rendered.

Reasons

1. Basic facts

A. On November 28, 2016, the Plaintiff entered into a consulting service contract with the Defendant (hereinafter “instant contract”) with the following content.

The plaintiff (hereinafter referred to as "A") and the defendant (hereinafter referred to as "B") shall conclude a contract for the provision of consulting services as follows:

Article 1 (Purpose) The purpose of this Agreement is to prescribe matters necessary for the performance of consulting services on the manufacture, distribution, etc. of cosmetics between Gap and Eul and to ensure that the contents of the contract can be faithfully fulfilled according to mutual faith.

Article 2 (Contents of Consulting Services) ① (Contents of Consulting Services) ① Sales support, such as interference with Doz, ② Sales support such as Dozers, etc.

Article 4 (Cancellation or Termination of Contract) (1) Where any of the following subparagraphs occurs to one of the parties to a contract, the other party may be notified in writing of the contract regardless of the period of the contract and may be rescinded or terminated:

1. Where the terms of this contract are violated;

2. Where he/she causes trouble to the affairs of the other party by significantly neglecting or delaying the obligations or matters to be observed under this contract;

3. Where any damage has been incurred to the other party by intention or negligence;

4. Where any other serious cause for which it is impracticable to execute this contract occurs. (2) A may give prior notice to B of the occurrence of any of the following causes, and cancel or terminate this contract:

1. Where the contents of Eul's service are deemed extremely poor;

2. If B is unable to perform the contract without any justifiable reason, the cancellation of the contract shall be for reasons attributable to B or A under Article 5 (Indemnification).

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