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(영문) 의정부지방법원 고양지원 2018.07.19 2018가단72914

정산금 지급 등 청구의 소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On August 13, 2013, the Defendant issued a public announcement of a cleaning management service contract (including landscaping) to B Hospital run by the Defendant. On August 29, 2013, the Plaintiff entered into a cleaning management service contract (including the instant service contract) with the Defendant for the contract amount of KRW 5,198,551,200 (annual amount of KRW 1,732,850,40) and the term of the contract from September 1, 2013 to August 31, 2016 (hereinafter “instant service contract”).

After the renewal of standard contract each year, the plaintiff and the defendant concluded a contract with the amount of KRW 1,732,850,400 for the first year contract, the second year contract amount of KRW 1,826,054,936 for the second year contract, and the third year contract amount of KRW 2,05,49,712 for the second year.

B. Article 7 of the Special Conditions for the instant service contract provides that “(1) The service cost under this contract shall be paid at the request of the contractor at the end of each month on the basis of the last day of each month (it may be changed according to the circumstances, such as claims, inspection, etc.): Provided, That if the initial period of less than one month is less than the initial period, the daily payment shall be made on the basis of the calculation of the estimated price, and the daily calculation shall be made on the basis of the number of days in the relevant month. ② In the event that the contractor fails to perform paragraph(2), the contract owner may cancel the contract which the contractor entered into with the contractor and restrict future participation. ④ If the contract violates all kinds of contract terms or the contract contains any portion that the contract price is excessive than the reasonable amount, the contract owner may take measures to reduce, recover, or settle part of the contract amount even after paying the contract amount, and the contract owner shall consent to such measures without objection.”

C. On April 2016, the Defendant shall conduct a special audit as to whether the Plaintiff unfairly claimed service costs by appropriating excessive personnel expenses.