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(영문) 울산지방법원 2016.10.14 2014가단17199

용역대금

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 27,631,919 to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s objection thereto from February 10, 2014 to August 4, 2014.

Reasons

A. The Defendant entered into an integrated management agreement with the Defendant on consignment, with the content that he/she was awarded a contract for services, such as management, U.S. dollars, expenses, etc. of A (hereinafter “instant apartment”).

(hereinafter “instant management contract”). C.

At the time of concluding the instant management contract, the Plaintiff and the Defendant determined the management number of seven U.S. employees, six U.S. employees, and ten security personnel, and calculated the instant contract cost based on personnel expenses of the relevant employees.

The main contents of the instant management contract are as follows.

Article 1 (Term of Contract)

1. The term of a contract shall be from July 1, 2013 to December 31, 2013 (six months);

Article 2 (Contract Expenses and Other Expenses)

1. The contract expenses and entrustment fees shall be allocated monthly according to the management area by household, and shall be imposed on each household in addition to the management expenses, and the details to be imposed shall be as follows:

- Personnel expenses for administration/facility: 20,898,870 - Security service expenses: 21,39,30 - US service expenses: 9,445,860 - Total expenses 51,740,000

3. “B” (referring to the Plaintiff; hereinafter the same shall apply) shall, upon a request, request the workforce to calculate the point at which the workforce was actually put into existence as the starting point and to claim the contract cost for the workforce actually put into existence when operating flexible human resources, such as the operation of the community and the expansion of the operating place;

Personnel expenses for operating personnel of the community facilities shall be handled in accordance with a separate contract.

Article 3 (Claims and Timing for Payment of Contract Expenses) The payment expenses prescribed in Section 1 of Article 2 (Monthly) shall be claimed by the last day of each month, and shall be paid to "B" by the tenth day of the following month.

Article 8 (Supervision and Consultation Matters)

1. “A” (the term “Defendant”; hereinafter the same shall apply) may consult on and reasonably coordinate the members of “B” or “B” throughout the entire service sector, including the organization of their members, work guidelines, and adjustment of their personnel.

2.The term “B” shall be filled without delay in the event of a vacancy in the administrator or staff determined under this Agreement and shall be entrusted.