Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On April 2014, the Plaintiff: (a) the contract amount of KRW 19,200,000 per month between the Defendant and the Defendant (Additional Tax Map); (b) the contract period from May 10, 2014 to May 9, 2017; and (c) the contract for the management of the trust contract for the management of the trust of the dental capital (hereinafter referred to as “payment of the management contract cost”) including the following:
1. “A (referring to the Plaintiff)” shall be KRW 19,200,000 (excluding the value-added tax) as of the end of each month the cost of management and service contract, which is the cost of service (hereinafter referred to as the “cost of service”);
3.The cost of this service shall be adjusted by mutual consultation between the two parties each year in accordance with the Minimum Wage Act and other relevant laws.
4. Current status of management organization: 11 U.S. dollars (1), four management staff (2), two security guards, two parking staff, and three U.S. dollars, one parking staff).
5. “B (the meaning of the Defendant)” must be filled as soon as possible when an employee is vacant.
6. “A” may be amended by mutual agreement if the number of employees or working hours is requested to “B” and the subsequent contract service charges may be changed by mutual agreement.
contract of this case
B) On March 3, 2017, the Defendant filed a payment order with the Plaintiff seeking payment of management service costs, and on March 13, 2017, the payment order stating that “the Plaintiff shall pay the Defendant the management service cost of KRW 125,347,521 and the delayed payment damages for KRW 125,347,521” with the Incheon District Court Decision 201Hu407, March 13, 2017.
Upon issuance of the order, the above order was finalized on April 7, 2017. [The fact that there is no dispute over the basis of recognition, each entry in the evidence Nos. 1, 2, and 5, and the purport of the whole pleadings.]
2. The parties' assertion and judgment
A. The plaintiff's assertion 1 of the parties is based on the premise that the defendant employs 11 persons. The defendant actually employs 7 persons and did not agree with the plaintiff about 7 persons used by the defendant. Thus, the unpaid management service cost 125,347.