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(영문) 인천지방법원 2015.02.06 2014나6541
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff is a legal entity that runs a construction business, Defendant A is a business entity of “C” that runs a golf play-up business, etc., and the Selection B is a person who actually or concurrently runs the said business with Defendant A.

The Appointor B argues that he is an employee of C and is not a person operating C, but according to the statements in Gap evidence Nos. 26 through 31, it seems that the Appointor B actually operates C (or jointly with the defendant A).

The relationship between the Plaintiff and C arising from a golf processing contract is both deemed to have been achieved between the Plaintiff and the Defendants.

B. On December 20, 2012, the Plaintiff entered into a new golf machine processing contract with the Defendants (hereinafter “instant forest processing contract”) with the following content.

A. The Defendants under Article 1 of the future entrust the Plaintiff with the process of processing stegres (v1, v1 x x 51). The Plaintiff accepts this and manufactures and recycles products in accordance with the Defendants’ production instructions and processing guidelines, and the Defendants pay the Plaintiff that the products are processed.

Article 2

3. The Defendants shall approve the Plaintiff in cash on the last day of each month as the number of processed goods.

4. When the processing quantity does not exceed 30,000 per month (30,000), the Defendants shall be granted subsidies to the Plaintiff.

Article 5

2. The Defendants are installed at the production site by the end of February 2013 after placing an order for additional golf-related seals (one set of machinery) used by the Plaintiff.

3. The Defendants shall transfer the painting machinery set to the Plaintiff without compensation for two years.

4. The Defendants’ office is transferred to the Plaintiff without compensation for two years.

5. The inside of a factory (the floor, kitchen, partitions, kitchen) shall be constructed by the plaintiff;

Article 6

1. The plaintiff and the defendants must cooperate to the maximum extent possible in the progress of technical guidance in order to manufacture high-quality products by the production instruction and other instruction.

4. The Plaintiff and the Defendants are not entitled to receive a consignment order for the processing of products from a third party without prior consent.

Article 13

1. The Plaintiff and the Defendants.

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