beta
(영문) 수원지방법원성남지원 2019.03.20 2017가단212957

위약금 등

Text

1. The Defendant’s KRW 3,616,438 as well as the Plaintiff’s KRW 5% per annum from June 30, 2017 to March 20, 2019, and the following.

Reasons

1. Basic facts

A. On May 22, 2014, the Plaintiff and B Steering Committee (hereinafter “Steering Committee”) entered into an integrated security agreement (hereinafter “instant agreement”) with respect to the instant building B (hereinafter “instant building”) with the terms of contract from June 1, 2014 to May 31, 2019, the Plaintiff provided services, such as safety management and parking management of the public parts in the instant building, and the Plaintiff entered into an integrated security agreement with the Plaintiff to pay KRW 17,99,000 (hereinafter “instant investment agreement”). The Operating Committee shall pay the Plaintiff a monthly payment of KRW 17,99,000 (including additional taxes).

(hereinafter referred to as the “instant security service”). B. The security service performed by the Plaintiff under the instant contract

After that, the plaintiff requested the Steering Committee to increase the monthly wage on the ground of the increase in the minimum wage, etc., and from April 2015, the plaintiff increased the monthly wage of KRW 2,001,00,000 to receive KRW 20,000 as monthly wage from the Steering Committee.

C. However, on November 30, 2016, with the written consent of 121 companies among the 123 occupant enterprises of the instant building, the Operating Committee terminated the contract with the Plaintiff on November 30, 2016, stating that “it is deemed inappropriate to provide continuous services pursuant to Article 13(2) of the instant contract” and notified the Plaintiff of the date of termination of the contract as of December 31, 2016.

[Grounds for recognition] Gap evidence 1, 2, 7, Eul evidence 2-2, and the purport of the whole pleadings

2. The parties' assertion

A. Since the contract of this case was cancelled due to the Defendant’s unilateral refusal to perform the contract of this case, the Defendant concluded a contract with the Plaintiff: ① penalty of KRW 58 million under Article 13(3) of the contract of this case (i.e., monthly payment of KRW 20 million x remaining contract period of KRW 29 months x 0.1); ② 76,932,166 won (=investment amount of KRW 159,170,000 x 29 months) under the latter part of Article 13(3) of the contract of this case (i.e., investment amount of KRW 159,170,00 x 60 x 29 months).