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(영문) 대구지방법원포항지원 2015.08.13 2015가단111

음식대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination as to the cause of claim

A. The Defendant asserted that the Plaintiff had been doing construction work for the extension of the B Hospital for a fixed period from May 1, 2010 to August 31, 2013.

The Plaintiff agreed to provide meals to the Defendant’s employees and the members of the Defendant’s subordinate businesses, including the Plaintiff’s employees, and the members of the Defendant’s subordinate businesses, and operated an on-site restaurant (Sabaf restaurant) at the construction site from December 23, 2010 to March 2013.

At the time of the contract for the provision of meals, the Defendant said that there is a demand for approximately 100 to 150 persons a day, and the Plaintiff agreed to provide the employees belonging to the Defendant with a view to continuously providing meals during the scheduled construction period, at the rate of 50% of the wedding 50%, the provision of heavy food free of charge, and once a month. As to the headquarters and supervision, an agreement was made at a rate of 50% of the wedding 50% for the provision of meals (hereinafter “instant agreement”).

① The total meal cost that the Plaintiff provided to the Defendant is KRW 148,481,916, and the meal cost that the Defendant did not receive is KRW 48,073,796.

② Notwithstanding the instant agreement, the actual user of an on-site restaurant does not exceed half of the agreed persons, and the Defendant’s contract for the provision of meals was unjustly cancelled by unilaterally demanding the Plaintiff to remove the restaurant before the construction period expires. As such, the Defendant shall pay the Plaintiff the meal cost of KRW 18,020,000, which was discounted pursuant to the instant agreement.

③ The Defendant agreed to pay the Plaintiff a meal cost of KRW 20,556,00 not received from C, to the Plaintiff; January 12, 2012; and the same year.

2. 1.5 million won was paid.

Therefore, C’s meal costs that the Plaintiff did not receive from the Defendant are KRW 10,556,00.

Therefore, the Defendant is obligated to pay the Plaintiff the total meal cost of KRW 76,649,796 ( KRW 18,020,000) ( KRW 10,556,00) and damages for delay.

B. Determination 1) Regarding meal costs to the Defendant (i.e., the Plaintiff)