사설 바카라

1. Case summary

Attorneys Park Je-hyeong, Baek Chang-won and Kim Soo-yeon represented 사설 바카라 2. 사설 바카라 2 was a manager of a collective building. 사설 바카라 1 was the predecessor of 사설 바카라 2. The plaintiff was a person entering into a communication service contract for the collective building with 사설 바카라 1.

The manager of the collective building was changed to 사설 바카라 2 from 사설 바카라 1. 사설 바카라 1 handed over his duties to 사설 바카라 2 without giving notice of terminating the service contract to the plaintiff. The plaintiff filed for the primary claim and the preliminary claim for damage cause by the service contract against 사설 바카라 1 and 사설 바카라 2, respectively.

The district court considered that the service contract was taken over by 사설 바카라 2 on the basis of the document specifying the transfer of duties between 사설 바카라 1 and 사설 바카라 2 (the “Transfer Document”). As a result, the court determined that 사설 바카라 2 was liable for damages caused by the termination of the service contract.


2. Issues

The main issue at the appeal was whether the service contract was transferred between the predecessor and the successor in light of the interpretation of the Transfer Document and practices in the building management industry.


3. Decision

The Civil Division No. 8-3 of the Seoul Central District Court deemed that there was no agreement on the transfer of the service contract between the defendants, and cancelled the district court’s decision. The court found that 사설 바카라 1, which was a party to the service contract, was liable for damages suffered by the plaintiff due to the termination of the contract


4. Our argument and role

We aggressively presented legal arguments such as Supreme Court precedents to the effect that implicit agreements on the transfer of contract should be recognized very strictly, and in light of the interpretation of the text of the document executed between the defendants regarding the transfer of duties and the practices in the building management industry, we emphasized that there had been no agreement made with regard to the transfer of contract. Specifically, we analyzed factual information on the basis of content certified letters sent and received during the execution of the Transfer Document. We also submitted certain documents that are generally used in taking over a contract in the building management industry to the court as evidence. As a result, we could reverse the district court’s decision and obtained the decision in favor of our client at the appeal court.


ㅁ Attorneys in charge: Park Je-hyeong, Baek Chang-won and Kim Soo-yeon