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(영문) 의정부지방법원 2017.09.08 2016가합51467
약정금 등 청구의 소
Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Reasons

1. Basic facts

A. On January 2010, the Plaintiff entered into an agreement with the Defendant to support human resources for waterworks design and supervision services (hereinafter “instant agreement”).

B. The instant agreement provides that the Plaintiff shall assist the Defendant in the design and supervision of water supply and sewerage systems ordered by the Defendant to a local government, etc.

The specific details are as follows:

In relation to the design and supervision of water supply and sewerage systems, the Defendant and the Plaintiff enter into an agreement on personnel support as follows:

Article 1 [Purpose] The purpose of this Agreement is to promote water supply and sewerage projects in cooperation between the defendant and the plaintiff.

II.[Scope of Business] This Agreement is a project of water supply and sewerage (design and Supervision) ordered by the local government, and includes internship and civil projects, etc.

Article 3 [The ratio of contract amount at the time of business and acceptance of orders] (3) The ratio of contract amount to personnel support at the time of receiving supervision services related to waterworks and sewerage systems shall be as follows:

(E) The number of inputs shall be determined by mutual consultation between Plaintiffs 90, Defendant 90, Defendant 90, Defendant 90, and Defendant 90, Defendant 90, and Defendant 90, Defendant 90, and Defendant 90, for resident supervision in areas other than Chungcheongbuk-do, for the management of emergency workers residing in areas other than Chungcheongbuk-do.

Article 4 (Settlement of Business Expenses) The settlement of business expenses shall be processed by settling the expenses incurred in relation to the water supply and sewerage projects (design and Supervision) projects ordered by the local government and at the time of execution of orders.

Article 5 (Payment of Contract Amount) (1) The defendant shall pay the contract amount to the plaintiff within 15 days after deposit with the original ordering authority for advance payment, progress payment, and completion payment for each project.

(2) The amount of a contract shall be paid according to the payment ratio of an ordering person.

③ The Defendant shall pay the Plaintiff the contract price in cash.

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