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(영문) 인천지방법원 2020.06.12 2018가합63722

차량용역대금지급

Text

1. The Defendant’s KRW 317,131,404 as well as 15% per annum from July 27, 2018 to May 31, 2019 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company that mainly runs the business of transporting passengers on a deposit basis, and the Defendant is a company that mainly runs the hotel operation business, etc. and operates the hotel in Jung-gu Incheon Metropolitan City C hotel (hereinafter “instant hotel”).

B. On February 14, 2017, between D Co., Ltd. (hereinafter “D”) and D Co., Ltd. (hereinafter “D”), the Plaintiff entered into a service contract for shuttle buses providing shuttle buses to the instant hotel, and thereafter, D Co., Ltd., entered into a service contract for shuttle buses with the Defendant on August 24, 2017, when the Defendant, who is the related company D, entrusted the instant hotel’s operation, and entered into a service contract for shuttle buses with the Defendant. The main contents are as follows.

(hereinafter referred to as the “instant service contract”) and the vehicles operated under the instant service contract are “the instant vehicles” (hereinafter referred to as “instant vehicles”). The terms and conditions of Article 1 contract

1. Name of a service contract: A service contract for shuttle buses;

2. 이행장소 : 피고의 이 사건 호텔 운행 스케쥴에 따름

3. Services vehicles: 4 large buses with 45 passengers;

4. Amount of services: 28,400,000 won per month (excluding the value-added tax by 10%).

5. 용역 근무자의 근무시간 : 피고의 이 사건 호텔 운행 스케쥴에 따른다.

6. All expenses: Oil expenses, tollss, parking fees, etc. necessary for operation shall be provided by the defendant, and all other expenses for the repair and maintenance of vehicles shall be borne by the plaintiff.

Article 2 Contract Terms

1. The term of this service contract is from September 1, 2017 to August 31, 2022 (five years).

Article 3 Settlement and Payment of Service Costs

1. The Plaintiff shall claim service costs as of the end of each month, and the Defendant shall pay the Plaintiff in cash on the 10th of the following month based on the vehicle log and work performance of the service vehicle.

2. The cost of services shall be calculated when the service is terminated to be less than one month.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, and 5, the purport of the whole pleadings

2. The Plaintiff’s service cost under the instant service contract, based on the determination on the instant safety defense.