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(영문) 창원지방법원 2019.01.31 2018나56043
출장여비
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. While working as the head of a division at Defendant Company, the Plaintiff worked in Chile at the site of Chile for a total of 339 days from February 26, 2015 to March 30, 2016 (excluding the leave period) from February 26, 2015 to March 30, 2016.

(hereinafter referred to as “instant business trip service”). B.

According to the defendant's business travel travel expenses provision, Chile is a country that falls under "C" of the class of the overseas business trip. Among the travel expenses for the vice president or the executive officers and employees of the office of full-time president (one day), the accommodation expenses (one day), and the food expenses (one day) are set at US$ 91 and 15, respectively.

C. On the other hand, the business trip service of this case was provided by the defendant and C under the contract with the defendant, and according to the above contract, C was calculated on the basis that the daily amount of the defendant to be paid to the defendant was set at US$ 1200.

On the other hand, the defendant's expenses for transportation, accommodation, etc. of the guard dispatched by the defendant shall be borne by the defendant, and the defendant may use accommodation facilities, etc. of C, and in such a case, C shall deduct the expenses from the price that

(See 4.2nd of the above contract, see Section 4.2nd of the contract, see : "Supory Perston'ssss for transportation, leverling andmes shall shalls. - Supler - Suplier canuse Puras's niccomler's nccomd niccomd." (Supler is the defendant, and Purcas c. c.).

A person shall be appointed.

(D) During the business trip period of this case, the Plaintiff provided accommodation and meals at C’s facilities, and C deducted USD 31,235 from the price to be paid to the Defendant for the said accommodation expenses. [Grounds for recognition] The fact that there is no dispute, Gap’s evidence 1 through 3, Eul’s evidence 1 through 2, and the purport of the entire pleadings, including the number of branches, and the purport of the whole pleadings.

2. Determination as to the cause of action

A. The plaintiff of the parties asserted that the defendant should pay travel expenses (or accommodation and food expenses) to the plaintiff in accordance with the provision on the payment of travel expenses.

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