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(영문) 대전지방법원 2019.05.28 2018나107617
손해배상(기)
Text

1. The plaintiff's appeal is all dismissed.

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

The purport of the claim and appeal is the first instance court.

Reasons

1. Facts of recognition;

A. The status of the parties 1) Defendant B (hereinafter “Defendant B”)

A) The Defendant C Co., Ltd (hereinafter “Defendant Co., Ltd”) selected cleaning service companies each year to enter into a contract for cleaning services.

(2) The Plaintiff concluded a cleaning service contract with the Defendant B and performed cleaning services on behalf of the Defendant B during the period from January 1, 2015 to December 31, 2015. 2) The Plaintiff entered into an employment contract with the Defendant B’s cleaning service company on January 1, 2012, and thereafter, the Plaintiff is performing cleaning services by the Defendant B’s cleaning service company on the basis of the succession of employment whenever the Defendant B’s cleaning service company is changed.

3) From October 15, 2014 to October 15, 2014, Defendant D performed the management and supervision of cleaning workers as the cleaning team leader of F Company F, which was a cleaning service company of Defendant B’s cleaning service company, and thereafter, Defendant B succeeded to employment whenever the service company of Defendant B is changed, and continued to work as the cleaning team leader. Defendant B was employed as the cleaning team leader of G, which was the cleaning service company of Defendant B, in 2017. Defendant B was employed as the cleaning team leader of G, which was the cleaning service company of Defendant B’s cleaning service company. 4) Defendant E is the representative of “H” who collected recyclables (delet, scrap metal, and rain metal) discharged from Defendant B’s agency from January

B. 1) The cleaning US members, including the Plaintiff, engaged in cleaning work, separately collected recyclables, such as waste and scrap metal, from the waste discharged by the Defendant’s institution. Defendant D, the cleaning team leader, sold recyclables, such as waste and scrap metal, to the business entity collecting recyclables. The sales price of recyclables was deposited into the account of the Defendant B’s cleaning agent. 2) The person in charge of the cleaning department of the Defendant B’s cleaning agency, while keeping the sales revenue of recyclables in the account, executed the sales revenue of recyclables in accordance with the internal provision “standards for the operation and management of the sales revenue of recyclables.”

The defendant B's "Standards for the operation and management of proceeds from the sale of recycled products".

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