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(영문) 서울중앙지방법원 2015.10.15 2015가합529794
계약자지위확인등 청구의 소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a person operating a mutual intervention enterprise of “B” for the purpose of the contact business, and the Defendant is a company with the purpose of general construction work such as civil engineering and construction, and steel materials installation work business.

B. The Plaintiff and the Defendant’s transaction process 1) around January 3, 2006, the Plaintiff is C Co., Ltd. (hereinafter “C”).

(C) At the time of registration as a collaborative entity, C’s factory located in Seongbuk-gu, Changwon-si, Changwon-si (hereinafter “instant factory”).

(2) The Plaintiff entered into an intra-company occupancy agreement with C on July 10, 2009 (hereinafter “in-house occupancy agreement”) with regard to the performance of the above contact work at the instant plant.

Article 3 (Period of Contract) Contract term is automatically extended during the effective period of intra-company outsourcing contracts concluded between C and the Plaintiff.

However, if an in-house outsourcing contract loses its effect, this contract shall also lose its effect at the same time.

Article 10 (Termination of Contract) C shall, in the event that the plaintiff falls under any of the following subparagraphs, be placed in the business entity subject to the Committee for Review of Withdrawal and shall review the withdrawal from the date of the final decision of withdrawal, and if the final decision of withdrawal is made, this contract shall be terminated from the date of the decision of withdrawal, and Eul shall withdraw from the factory of this case within 30 days from the date of termination of the contract and shall also order C to do so:

② On November 4, 2010, the Defendant merged C with the Defendant on November 4, 2010. (4) On July 22, 2013, the Plaintiff entered into a basic transaction agreement with the Defendant (hereinafter “basic transaction agreement”).

Article 2 (Basic Contracts and Individual Contracts) This Framework Agreement shall also apply to each individual transaction contract (hereinafter referred to as "individual contract") unless otherwise agreed that the basic matters concerning the manufacture transaction contract between the defendant and the plaintiff have been determined.

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