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(영문) 대전지방법원홍성지원 2019.11.12 2019가합57
유익비 등
Text

1. The defendant,

A. As to KRW 168,853,048 out of KRW 1,576,190,662 and the said money to Plaintiff A Co., Ltd., the amount of KRW 168,853,048.

Reasons

Basic Facts

A. Plaintiff B is a person who has engaged in service business, etc. with the trade name of “D,” and the Defendant is a company that engages in the manufacturing and selling business of Tinium steel pipes, and the manufacturing and selling business of steinium steel pipes.

B. On March 2, 2014, the Defendant decided to supplement the human resources working in the factory through external services, and on March 2, 2014, if the Plaintiff B provided services to the Defendant through its employees, it is doubtful that the legal nature of the contract concluded between the Plaintiffs and the Defendant in this case constitutes a typical contract under the Civil Act. However, as stipulated in the contract, the parties agreed to indicate the money for which the Defendant is liable to pay to the Defendant in return for the performance of the Plaintiffs’ obligations, as stated in the contract.

The main contents of the above contract are as follows. The "attached Form" as indicated in Article 4 of the contract and the "Separate Notice" as indicated in Article 17 of the contract are not actually attached to the contract.

In concluding a contract for the production contract of the production contract of the Party A (Defendant, hereinafter the same shall apply) and B (Plaintiff B, hereinafter the same shall apply), the contract for the work shall be concluded as follows in order to efficiently complete the work:

Article 2 (Business Contents and Work Place) ① “B” shall be limited to the production work of C and the work delegated to it. (b) “B” shall be limited to the production work of C and the work related to the production work of “A”.

Article 3 (Period of Contract for Contract) (1) The term of this contract shall be from March 2, 2014 to December 31, 2014, and shall be deemed automatically extended for one year, in cases where there is no disagreement on both sides after the termination of the contract.

Article 4 (Payment of Contract Expenses) (1) The settlement of contract expenses shall be in accordance with attached Form, and "B" shall be calculated on the basis of the number of days (30) of each month and filed by the last day of the following month (5), and "A" shall be paid in cash by the 20th day of the following month.

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