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(영문) 서울고등법원 2016.06.16 2015나2040560
계약해제무효확인의소
Text

1. Upon receipt of a claim for change in exchange at the trial, the Plaintiff concluded on July 2, 2012 against the Defendant.

Reasons

1. Basic facts

A. 1) The Plaintiff is a company with the purpose of installing and maintaining fixed cameras, and road hosting and measuring equipment installation business. The Defendant is a company with the purpose of manufacturing video, sound, and communications equipment. 2) From around 2000, the Defendant supplied 800 local police agencies in each nationwide area with 800 local police agencies and has been in charge of maintaining and repairing them.

The defendant shall bear the obligation to repair defects without compensation for two years from the date of supply of equipment according to the supply contract with the local police agency.

The defendant has entered into a contract for commercial maintenance and repair with the Road Traffic Authority after the lapse of the two-year warranty period, and has been engaged in maintenance and repair business after receiving service charges.

B. 1) On July 2, 2012, the Plaintiff and the Defendant concluded a “C gratuitous transfer contract” with the content that the Defendant would pay and transfer to the Plaintiff the fixed type C gratuitous maintenance and repair business that the Defendant manages after delivery of KRW 130 million. In addition, on July 2, 2012, the Plaintiff and the Defendant entered into a “C technology transfer transfer and takeover contract” (hereinafter “instant contract”) on July 2, 2012, and the main content is as indicated in the attached Form.

C. On November 8, 2013, the Defendant: “The instant contract is a non-exclusive contract with strong nature of the delegation contract; accordingly, Article 5 of the instant contract is prohibited by a mandatary; and the Plaintiff delegated all or part of the maintenance and repair work delegated under the instant contract to D and E (hereinafter “E”). This is a violation of Article 682(1) of the Civil Act and Article 5 of the instant contract, and thus, the instant contract is rescinded.” The instant contract is “Notice of Rescission as of November 8, 2013,” and “Notice of Rescission as of November 8, 2013.”

D. On the other hand, the Plaintiff submitted the instant contract to the Road Traffic Authority, and the contract term by means of a negotiated contract with the head of the Daejeon Metropolitan City and the head of the Chungcheongnam-do branch on July 30, 2012 is until December 31, 2012, and the contract amount is 26,250.

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