무료 바카라 게임

1. Case summary

□ On the condition that 무료 바카라 게임 would approve the acquisition of the Gimpo Terminal Container Wharf Business by a private company (the “Petitioner”) from a subsidiary of Hanjin Shipping, 무료 바카라 게임 executed with the Petitioner a wharf lease agreement containing some provisions that were not practicable. Under the lease agreement, the Petitioner was required to generate at least 62,000 TEU of cargo capacity or to build and operate a ship of 350 TEU that could navigate on Arabat-gil, and if the Petitioner failed to meet the requirements, the lease agreement would be terminated.

□ In 2018, 무료 바카라 게임 notified the Petitioner of termination of the lease agreement on the ground that the Petitioner had failed to achieve the goals that were practically impossible to achieve. The Petitioner retained the Fair Trade Group of 바카라 사이트 to deal with matters relating to 무료 바카라 게임’s unfair trade act and the report thereof to the Korean Fair Trade Commission.


2. Investigation result
: 무료 바카라 게임 was subject to “warning” for its unfair trade act

□ Regarding 무료 바카라 게임’s act of imposing on the other party a contractual term that could not be practically performed and notifying the other party of termination of the lease agreement due to the other party’s failure to achieve the contractual term, the KFTC determined that 무료 바카라 게임’s act constituted an abuse of dominant power and issued an warning to 무료 바카라 게임.


3. Implication

□ Even if a party having a superior power to the other party demands the other party to incorporate a contractual term that cannot not be performed practically and the other party reluctantly accepts the disadvantageous contractual term, as long as the parties duly and legally sign the relevant contract, it is hard for the other party to challenge the effect of contractual terms in litigation because it is assumed that the contract has been truly executed as an instrument.

□ In the KFTC’ investigation, 무료 바카라 게임 had argued to the effect that its act of providing such contractual terms and giving notice of termination on the basis of the terms had not had any issue because the other party had voluntarily agreed to the terms.

□ We, Barun Law had clarified that the terms provided by 무료 바카라 게임 had been those that could not be practically performed, 무료 바카라 게임 had been able to provide the other party, which had urgently needed 무료 바카라 게임’s approval for the acquisition of business, with such unpracticable terms by using its dominant power as an exclusive lessor of Arabat-gil.

□ The KFTC’s decision will help potential petitioners have a higher chance than before that they will recover damage inflicted by the notice of unilateral termination of an agreement by arguing and substantiating that 무료 바카라 게임’s abusive act of using its market dominant power will be nullified under the law on the basis of the Supreme Court’s recent decision, “If an agreement is considered that the party having market dominant power tries to earn unjust gains and to put an excessive burden of payment or other unjust burdens on the other party, the agreement becomes nullified as a legal act violating public policy and other social order.” Supreme Court Decision 2017Da229048, rendered on September 7, 2017.

□ In addition, it is expected that the case will be a great help to underdogs who reluctantly accept contractual terms, which cannot be practically performed but are demanded by the parties having a superior power to them, and then are subject to the termination of agreements due to their failure to perform such unpracticable terms.