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(영문) 서울중앙지방법원 2016.03.25 2015가합552961
관리용역계약해지통고무효확인
Text

1. The plaintiff (Counterclaim defendant)'s claim on the principal lawsuit shall be dismissed.

2. The plaintiff (Counterclaim defendant) shall attach attached Form 1 to the defendant (Counterclaim plaintiff).

Reasons

Basic Facts

The plaintiff in the status of the parties is the person who concludes a management service contract with the defendant for the building of the gas station listed in the separate sheet No. 1 (hereinafter referred to as the "C gas station") and manages the C gas station, and the defendant is the owner of the C gas station.

On January 28, 1995, the defendant, who entered into a management services contract, constructed a C Liquor, completed registration of preservation of ownership on January 28, 1995, and operated a gas station on the above building, and leased a C Liquor to the Hyundai Biobank Co., Ltd., and operated a gas station directly by Hyundai Biobank Co., Ltd.

On April 1, 2013, the Plaintiff entered into a management service contract with Hyundai Lao Bank Co., Ltd., and registered its business with the trade name of "Modot Bank", and managed the gas station, and changed the trade name on April 1, 2013 to D.

Around July 31, 2014, the Defendant completed business registration with the trade name of “C gas station” on August 1, 2014 to directly operate the C gas station, and concluded a management services contract with the Plaintiff on a verbal basis. On January 26, 2015, the Defendant drafted a management services contract with the Plaintiff.

(hereinafter “instant management services contract”). The main contents of the said management services contract are as follows:

Article 2 [Period of Contract] This Agreement shall be five years from August 1, 2014 to July 31, 2019, but no one of the parties shall extend this Agreement to the other party one month prior to the expiration of the contract.

shall be automatically extended every one year under the same conditions, unless prior notice is given in writing to the change of the terms and conditions of this contract.

Article 3 (Contents of Services)

1. The Plaintiff shall perform the following services at his/her own responsibility and expense with the duty of care as a good manager, but may otherwise be determined by the separate agreement between both parties during the contract period.

The entry/ shipment, storage, sale, promotion, sale proceeds, management of bonds, inventory management, and inventory management of petroleum products.

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