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(영문) 인천지방법원부천지원 2019.02.01 2018가단105813
양도대금청구의소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On October 2, 2014, the Plaintiff drafted a contract with the Defendant, which includes the following. The list attached to the above contract contains the name, address, and amount of 146 elevator units, and the total amount including value-added tax was KRW 17,594,190.

In transferring the elevator maintenance contract management site managed by the plaintiff to the defendant, the contract shall be concluded as follows:

1 Subject to the transfer of paragraph 1

1. The object is 146 elevator units, the maintenance and management contract of which is concluded by the plaintiff as of the date of contract;

(See attached list). 2. Effective date of the contract

1. This Agreement shall become effective from October 1, 2014.

2. All repair works that occur after the date of validity of the contract and claim for the price shall be performed under the responsibility of the defendant and the defendant shall be collected.

3. The date of completion of the contract transfer shall be determined by September 30, 2015, in order to clarify the liability for the transfer of the contract from the Plaintiff to the Defendant for the maintenance and repair contract.

The defendant shall be paid 11 months of the contract amount to the plaintiff as compensation for this contract before the amount of compensation under the preceding paragraph, and may change the amount of compensation pursuant to the mediation pursuant to paragraph (10).

(Provided, That in principle, where an employee who was engaged in on-site maintenance and repair work among the executives and employees of the plaintiff who were employed by the defendant during the contract transfer under paragraph (5) of the same Article wishes, he/she shall enter the defendant on the premise of contract transfer under paragraph (1) of the same Article, and the number of final employees shall be three after the interview of the defendant with each employee.

All the obligations under the Labor Standards Act for employees who are not employed by the defendant shall be borne by the plaintiff.

9 The amount claimed to the customer in connection with the maintenance and repair contract after the date of the definition and validity of the amount to be deposited and withdrawn prior to paragraph 9 shall be owned by the defendant.

The defendant is the credit sales amount which has been claimed prior to the effective date of the contract but has not been recovered.

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