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(영문) 서울중앙지방법원 2020.12.09 2020나34393

손해배상(건)

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Determination on the cause of the claim

A. When entering into a service contract with the Plaintiff, the Defendant asserted that the Defendant would receive education for one month to perform the above service, and the Defendant agreed to compensate for the amount equivalent to three times the daily amount of KRW 60,000 where the Defendant did not work without permission during the period of education. As such, the Defendant is obligated to pay to the Plaintiff the amount of KRW 1,980,000 (=60,000 x the number of days worked x the number of days worked x 11 days x 3) and delay damages.

B. Determination 1) According to Gap evidence No. 1, it is recognized that the plaintiff entered into a contract with the defendant on April 9, 2019 to provide the plaintiff with certain labor during the service period (hereinafter “instant contract”).

This Arrangement is a contract between 23,00,000 to 30,000,000 won after completion of the training and service management.

Plaintiff

The cost of services (excluding education) during the period of provision of services shall be 60,000 won per day.

From April 9, 2019 to July 8, 2019, one month during the service period shall be the education and training service for two months.

During the service period, the service management and education shall be performed for the duties of the plaintiff's executive officers with respect to the overall company.

Plaintiff

The duties according to the officer's instructions are the provision of services to the plaintiff such as building management, rental, performance, car page business, etc., that is, the management and operation of our building facilities (e.g., construction, installation, maintenance, fire-fighting, CCTV, parking, car page, etc.).

The period of education shall be the stage for the duration of the relevant class, and in the case of unauthorized absence, three times the amount of 60,000 won per day for the relevant educational expenses.

In the absence of any other reason, the case of waiver of the process of the presence shall be one of the grounds for one's own assertion and the provision of the service of the presence.