용역대금
1. The plaintiff's main claim is dismissed.
2. The Defendant’s KRW 29,163,960 on December 27, 2014 to the Plaintiff and its related costs.
1. Facts of recognition;
A. The plaintiff is a company running security service business, and the defendant is the council of occupants' representatives consisting of the occupants of A apartment in Sungnam-si, Sungnam-si.
B. On December 6, 2012, the Defendant announced a public announcement of the selection of a guard company, and the Plaintiff was awarded a bid amounting to KRW 1,430,852,400 in the competitive bidding on the 21st day of the same month.
C. Accordingly, on December 27, 2012, the Plaintiff and the Defendant concluded a service contract with the following content: (a) the contract period of one year (from February 1, 2013 to January 31, 2014); (b) the number of guards; (c) the number of security guards; (d) the retirement reserve amount of the service payment is KRW 1,430,852,400; and (e) the remaining 50% of the retirement reserve amount is paid to the Plaintiff only upon the Plaintiff’s request when the Defendant kept in custody and the cause for the payment of retirement pay occurs; and (e) the annual allowance out of the service payment is not paid to the Plaintiff each month; and (e) the service payment was made to the Plaintiff only upon the Plaintiff’s request at the time of the occurrence of the cause for the payment of annual allowances.
According to the instant security service contract, the Defendant originally paid to the Plaintiff KRW 119,237,70 (i.e., service cost of KRW 1,430,852,40) (i.e., service cost of KRW 1,430,852,40). However, annual allowances of KRW 3,739,960, and retirement reserve of KRW 4,398,023, a total of KRW 8,796,046, KRW 8,137,983 (= KRW 3,739,960), and paid KRW 11,09,840.
E. After that, the Plaintiff and the Defendant extended the term of the instant guard service contract by April 30, 2014, around December 2013.
F. The Defendant paid KRW 11,09,840 each month to the Plaintiff from February 2013 to April 2014 in accordance with the instant guard service contract, and the amount of annual allowances (76 persons) on June 10, 2014 and the minimum wage rate of KRW 46,558,650 from February 1, 2014 to April 2014 (the minimum wage rate of workers in surveillance and control service in 2013 was raised as KRW 4,374 at the minimum wage rate of workers in surveillance and control service in 2014 and announced as KRW 76 persons).