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(영문) 서울중앙지방법원 2019.11.28 2019가단5084822
용역비
Text

1. As to KRW 36,984,530 among the Plaintiff and KRW 27,198,60 among them, the Defendant shall pay to the Plaintiff KRW 9,785,930 from January 11, 2019.

Reasons

1. Basic facts

A. On November 12, 2018, the Plaintiff entered into a supply contract with the Defendant to provide human resources at the original week D site, and determined the costs and other expenses for the supply of human resources each month to be paid by the Defendant on the 10th day of the following month.

B. The labor cost of human resources supplied by the Plaintiff to December 2018 is KRW 27,198,600, labor cost of KRW 5,203,00, and labor cost of KRW 3,531,30 from November 2018 to January 2019, and KRW 1,051,60,00 for coffee loan and coffee loan cost of KRW 3,531,30 from November 2018 and KRW 1,051,60.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 13, 16, the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts, the Defendant is obligated to pay to the Plaintiff total of KRW 36,984,530 (= KRW 27,198,600, KRW 5,203,00, KRW 3531,330, KRW 1,051,60) and damages for delay.

나. 이에 대해 피고는, 2019년 1월의 일반스텝에 대한 단가가 상승되었는데 이에 대해 원고와 합의한 사실이 없고, 미화스텝 인력투입이 계약일보다 앞선 2018. 11. 5.부터 시작되었으며, 미화용품, 커피관련 비용 영수증이 없다고 주장한다.

However, according to the overall purport of Gap evidence Nos. 2, 5, 11 through 16 and the entire arguments, the plaintiff sent a note to the defendant on December 21, 2018 that he/she would raise his/her labor cost, and the defendant did not raise any objection thereto. The plaintiff puts one U.S. manpower in company E from November 5, 2018 before the contract date, and the plaintiff submitted all receipts of U.S. goods, and the plaintiff did not prepare a separate receipt for expenditure related to coffee, but issued all tax invoices and transaction specifications to the defendant. In light of this, the above argument by the defendant is without merit.

C. Then.

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