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(영문) 창원지방법원 2021.02.16 2019나55771

용역비

Text

1. Of the judgment of the first instance court, the part against the defendant in excess of the following amount ordered to be paid shall be revoked and this shall apply.

Reasons

1. Facts of recognition;

A. The Defendant concluding each contract to establish a branch office between the Plaintiffs and the Defendant is an institution entrusted with health education registered with the Minister of Labor pursuant to the Industrial Safety and Health Act.

Plaintiff

A on March 10, 2017, and Plaintiff B entered into a contract for the establishment of a branch office (hereinafter “instant contract”) with each of the Defendant around 2017 as follows:

Article 1 (Purpose) The purpose of this Agreement is to provide for all the terms and conditions of the relevant contract in the course of carrying out the training of the defendant (head office) and the plaintiffs (branch offices) employment insurance business owners or enterprise-education business owners.

Article 2 (Definition of Terms): 1. The term "branch" means a management organization approved by the head office of a Si/Gun/Gu as a unit of a Si/Gun/Gu.

(2) Supplementary completion: Fees paid by the head office to a branch office.

Article 5 (Duties of Head Office) (1) The head office shall faithfully implement all support so that the branch office can revitalize its business.

(2) The head office shall transfer to the branch office any know-how related to the employment insurance business owner's training or corporate education business.

(3) The head office shall provide the branch office with relevant education for support under paragraph (1), and the place of education shall be determined by the head office.

(A) Article 6(4) of the Act provides that the branch office shall not separately exercise its duty of care and shall not divulge to any third party any confidential business information which he/she has become aware of while running the business, and shall also be determined that any unauthorized divulgence causes damage to the party.

Article 8 (Subject of Business) ① Business activities of the branch shall be the subject of business and at the same time the branch shall be the subject of legal and tax affairs.

(2) A branch office shall be operated independently as an independent production, and shall exercise overall control over employment insurance business owners' training or corporate education projects in a business area contracted with the head office.

Article 9 (Fees) ① The payment shall be settled within seven days on the basis of the date of payment of fees received from customers.

(2) In principle, persons who have not completed courses shall be handled by a branch office.