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(영문) 청주지방법원 2019.05.02 2018가단32326
사용료
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On January 5, 2007, the Defendant, whose principal office was located in Seoul Ddong, entered into a contract with the Plaintiff on the following purport: (a) the period of the contract is six years from the date of the contract; and (b) the period of the contract is three years; and (c) if there is no separate notice of termination two months before the expiration of the contract, the contract shall be automatically renewed every three years; and (d) the payment of partially discounted usage fees as shown in the attached Form (hereinafter “instant contract”).

Since then, the contract of this case was renewed in 2016 last, extended by January 2019.

B. Meanwhile, on October 2017, the Defendant notified the Plaintiff on November 15, 2017 to the effect that the instant contract is terminated on February 4, 2018, which is the date of the relocation of the office building finalized by the Plaintiff, by relocating the office building to the local area (Ycheon-gun E) according to the government policy.

The defendant submitted each standard tender from the plaintiff and other communications companies to select a new provider of telecommunications services, such as internal telephone of the office building. After February 5, 2018, the defendant selected other communications companies than the plaintiff as the provider of telecommunications services and entered into a contract for the use of telecommunications services with other communications companies.

[Reasons for Recognition] Facts without dispute, entry in Eul 1, 2, 4, 5 evidence (including all types of proof), the purport of the whole pleadings

2. Assertion and determination

A. A. The summary of the Plaintiff’s assertion ① The Defendant agreed to pay the Plaintiff the discounted fee as shown in the attached Form during the contract period, and the Plaintiff shall return the discounted fee during the contract period to the Plaintiff when the contract is terminated even without complying with the contract period.

② Although the Defendant was transferred to a provincial area pursuant to the government policy, the Defendant was transferred to a provincial area.

Even if there is no particular limitation on the Plaintiff’s use of the Plaintiff’s telecommunications services, the Defendant’s rescission of the instant contract on or around February 2018 ought to be deemed as not complying with the contract term.

Therefore, the defendant is against the plaintiff.

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