1. The judgment of the first instance court, including the Plaintiff’s claim expanded in the trial room, shall be modified as follows.

The defendant.

In accordance with the main sentence of Article 420 of the Civil Procedure Act, the part concerning "1. Basic Facts" and "decision on the claim for consulting expenses" among the grounds of the judgment of the first instance, which partially accepted the judgment of the court of first instance.

The Plaintiff asserted as to the termination of the instant service contract, while faithfully performing the instant service contract and the Defendant unilaterally notified the termination of the instant service contract on July 22, 2016 without any justifiable reason, and thus, the notice of termination is null and void. The Plaintiff asserted as to the termination of the instant service contract from October 1, 2015 (the date of conclusion of the contract), which is the initial term of the instant service contract, to April 25, 2017 (see Article 3 of the instant service contract, which is the date of completion of the D building, after January 25, 2017).

In regard to this, the Defendant’s instant service contract is a delegation contract under the Civil Act, and can be terminated even without a ground for termination, and as such, the Defendant lawfully notified the termination of the contract on the ground of the Plaintiff’s breach of contract, the Plaintiff’s assertion premised on maintaining the validity of the instant service contract even after the notification of termination is without merit.

Judgment

In full view of the business territory of the Plaintiff and the Defendant and the content of the instant service contract, the instant service contract constitutes a delegation contract under the Civil Act with the content that the Defendant entrusted the Plaintiff with the business of leasing and publicizing D buildings.

Article 689(1) of the Civil Act provides that "a delegation contract may be terminated at any time by each party." However, such provision of the Civil Act is merely a voluntary provision, and thus, it may be determined differently by a special agreement between the parties.

(see, e.g., Supreme Court Order 97Ma1474, Sept. 11, 1997). Meanwhile, Article 3 of the instant service contract provides that the term of the contract shall be three months after the completion of the exclusive lease contract.