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(영문) 수원지방법원성남지원 2013.11.08 2012가합202099

용역비

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 November 5, 2007, the Plaintiff: (a) operated patrol service companies under the trade name of “B” (hereinafter “B”); and (b) entered into a service contract with the Defendant for the patrol of an expressway; and (c) entered into such a contract with the Defendant for the patrol of an expressway. The main contents are as follows.

The Plaintiff and the Defendant concluded each annual service contract five times from the date of the first service contract as above to the date of 2011.

(hereinafter referred to as the “instant service contract” in total). The name of each service contract: The contract amount for the safety patrol service (new, primary) of the C branch office: 73,404,037 won: the contract amount for the total service amount of KRW 2,218,270,000: November 12, 2007 or December 31, 2007: the contract amount of the said service from November 12, 2007 to December 31, 2007: the Defendant and the Plaintiff promises to conclude a contract for the said service with a contractual document attached on an equal footing basis and to perform their contractual obligations in good faith. < Amended by Presidential Decree No. 20427, Nov. 12, 2007; Presidential Decree No. 23287, Dec. 31, 2011>

Documents to be attached:

1. One copy of the general terms of the service contract;

2. One copy of the special terms of the service contract.

3. A standard manual for operations;

B. Of the instant service manual attached to the instant service agreement (hereinafter “instant service manual”), the “operation of the safety patrol team” in Section 5 of Chapter II is stipulated as follows with respect to the composition, assignment, and performance of duties of workers.

- The plaintiff must place the number of qualified persons calculated by the defendant for the smooth performance of the safety patrol service contract and organize the workers.

1) The Plaintiff shall have seven safety patrol workers for each construction section, and work for 24 hours and two for each construction section. 2) Safety patrol workers shall be organized into two teams and two for each construction section.

3 The working hours of the safety patrol team shall be 09:00 per week - 21:00, night-time 21:00 - The following day 09:00 on the following day.

C. Safety patrol services on the Highway used to calculate the contract price at the time of the conclusion of the instant service contract.