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(영문) 수원지방법원안양지원 2015.09.10 2015가단2292

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination on the cause of the claim

A. The summary of the Plaintiff’s assertion was that the Defendant entered into a contract with the Plaintiff on August 7, 2014 to develop “C” within two months, but failed to complete the development of the fishery, so the Defendant is obligated to pay KRW 16,714,552 for damages incurred in the completion of the development of the fishery, as such, to the Plaintiff.

B. Determination 1: Each entry of evidence No. 1, No. 1, No. 3-1 of the evidence No. 1, which is recognized by comprehensively considering the purport of the entire pleadings, namely, ① the appointment notice was made by the Plaintiff, ② the form of contract documents entered into with the Defendant is an “labor contract”; ② its content is “after October 06, 2014, the allocation of shares and wages shall be determined through consultation during the period of this contract”; “person in charge”: C project app, web cms development, monthly salary: KRW 5,170,630; ③ the contract is completed.

In light of the fact that there is no provision on the completion of the development of a fluor in the employment contract, the contract entered into between the Plaintiff and the Defendant cannot be seen as a contract.

2) Therefore, the Plaintiff’s assertion, which is premised on the completion of the production of a pattern under the contract for work, is without merit, without further review.

2. The plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.