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(영문) 서울중앙지방법원 2013.12.19 2012가단336314
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. From April 2002, the Plaintiff entered into a service service contract with the Defendant, and vicariously performed various services, including A/S services for the products or products sold by the Defendant in the domestic market.

B. A service contract between the Plaintiff and the Defendant was renewed every year, and was concluded on April 1, 2012.

As above, the termination and termination of the contract, the term of the contract, the service agency fee, etc. were determined as follows.

(hereinafter referred to as the “instant service contract”). Article 5 (Termination and Termination of this Agreement) (The term of validity of this Agreement) may be terminated in any of the following cases:

(1) Where one of the parties fails to perform his/her duty under this contract (3) any inevitable circumstance occurs that makes it impracticable for the other party to continue this contract to continue this contract. (5) Where the other party gives written notice of termination within the evaluation period as a result of failure to draw up an agreement on the standard adjustment in attached Table 1 in connection with the proviso to Article 7 (1) and (2), the termination shall take effect three months after the other party

(Term of Contract) The term of this contract is from April 1, 2012 to March 31, 2013.

Provided, That the accurate service cost may be reviewed after three months, and the service cost and the contract period may be changed.

Article 7 (Service Agency Fees and Service Fees) (1) A (referring to the defendant) shall pay the service agency fees to B (referring to the plaintiff) in accordance with the criteria in attached Table 1.

However, the criteria in Appendix 1 may be changed to an agreement between the parties on the basis of the results of analysis of the actual performance of the repair details for the first three-month period (hereinafter referred to as the "evaluation period") during this contract.

(2) In relation to the proviso to paragraph (1), where a Party A requests to submit data necessary for the analysis of expenses, Party B shall be provided with oil, free repair details and expenses within five days from the business day.

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