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(영문) 서울고등법원 2019.09.26 2019나2002498
선급금반환등
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The parties-related Plaintiff is an enterprise that provides security services for the work, such as security screening and the prevention of safety accidents, with the period from November 1, 2017 to April 30, 2018. The Defendant is an enterprise that provides accommodation operation services.

B. On September 26, 2017, the Plaintiff entered into a contract to provide accommodation facilities for the Plaintiff’s safety personnel during the pertinent business period with the Defendant, and determined the contract amount of KRW 1,500,000,000 for the agreed first expected amount of guest rooms (70,865) (excluding value-added tax). The Plaintiff, upon the direction of the E Organizing Committee, shall settle the accounts by applying the unit price of KRW 20,000 per capita for the additional and reduced number of employees when there is an increase in the number of employees pursuant to the direction of the E Organizing Committee. Of which, upon the Defendant’s request on December 29, 2017, 750,000 won was determined as advance payment, and the advance payment amount of the said accommodation contract was increased to KRW 1,250,000,000 for each person.

(hereinafter “instant accommodation contract”). The Plaintiff paid the Defendant KRW 1,375,00,000 as the said advance payment, and KRW 30,000,000 on October 1, 2017, and KRW 495,000,000 on October 29, 2017, and KRW 1,375,00,000 on December 29, 2017 (including value-added tax).

C. On November 7, 2017, the Plaintiff entered into a contract for the meal service of safety personnel during the pertinent project period with the Defendant, “72,00 persons expected to enter the school, 7,000 won per person, 7,000 won per day (total of 144,00 won), and 1,008,000 won per person, total of 1,000 won (excluding value-added tax).” However, upon the determination of the E Organizing Committee, the Plaintiff decided to settle the increase or decrease of food expenses upon the occurrence of a cause for increase in the number of food trees (hereinafter “instant meal service contract”), and on November 10, 2017, paid 554,40,000 won (including value-added tax) as the down payment agreed upon to the Defendant at the time of the said contract to the Defendant at the time of the foregoing contract.

On November 2, 2017, the Plaintiff under a bus operation contract for the period from October 17, 2017 to April 30, 2018, to transport the relevant personnel, including the Plaintiff’s executives and employees.

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