(영문) 수원지방법원평택지원 2020.04.21 2019가단5920

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(영문) 수원지방법원평택지원 2020.04.21 2019가단5920

식대 등

Text

1. As to KRW 44,781,200 and KRW 21,767,90 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 44,781,20, and KRW 21,767,90 from July 1, 2019 to September 23, 2019.

Reasons

1. Basic facts

A. On February 12, 2019, the Plaintiff and the Defendant entered into a contract to operate a “military apartment site Han-si cafeteria” (hereinafter “instant contract”) with the content that the Defendant provided meals at the site of “D apartment construction” implemented and constructed in Gunsan City C, and that the Defendant pays meals on the 15th day of the following month.

B. Under the instant contract, the Plaintiff paid 13,000,000 won to the Defendant, and provided meals from February 2, 2019 to June 2019.

C. The Defendant did not pay the Plaintiff the meal expenses for May 2019 and June 2019, and the Plaintiff provided only meals until June 2019, and accepted the meal expenses on the spot.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings

2. The assertion and judgment

A. According to the overall purport of evidence Nos. 1 and 6 as to the cause of the claim, although the Defendant was provided meals to the Plaintiff under the instant contract on the 15th day of the following month, it can be acknowledged that the Defendant had requested food service on the 15th day of the following month, which was provided with meals to the Plaintiff. However, on February 28, 2019, the meal stand for the first day of March 26, 2019, the food stand for the first day of April 26, 2019, and the first day of April 31, 2019, the food stand for the first day of May 31, 2019. On the other hand, despite the Plaintiff’s request, the Defendant provided meals to the Plaintiff on the 15th day of the following month. On the other hand, the Defendant provided meals to the Plaintiff on the 206th day of May 2019 and the second day of June 2019.

In full view of the aforementioned facts and the purport of the entire pleadings, the instant contract was lawfully rescinded on September 23, 2019, where the copy of the complaint of this case containing the content of demanding the return of the deposit due to the Defendant’s failure to pay food, etc., and the evidence submitted by the Defendant alone did not provide meals on holidays.

or without permission.

유사 판례

-인천지방법원 2015.06.05 2014가합10645

-서울중앙지방법원 2018.05.17 2017나47269

-서울남부지방법원 2019.12.12 2018나61367

-수원지방법원 2018.11.07 2018가단520812

-수원지방법원평택지원 2020.10.13 2020가단3869