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(영문) 서울중앙지방법원 2020.11.27 2019나56441
인력경비 용역비
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The facts delineated below are either in dispute between the parties or in accordance with Gap evidence Nos. 1, 3, 4, and Eul evidence Nos. 1 to 8, the whole purport of the pleadings can be acknowledged.

The plaintiff is a company that runs security business, building management service business, worker dispatch business, etc.

B. On December 26, 2017, the Plaintiff concluded a contract amount of KRW 21,960,00, contract period from January 1, 2018 to December 31, 2018 (hereinafter “B Library”) and entered into a contract for human resources on duty (hereinafter “instant contract”). The instant contract includes “contractor’s letter of contract for service tender publicly announced at the time of tender, written special oil for service tender, written special oil for integrity contract, written special oil for integrity contract, written general terms and conditions of the service contract, written special terms and conditions of the integrity contract, written special terms and conditions of the integrity contract, written joint supply contract, written statement, written statement of calculation (including subcontract matters) and attached electronic contract terms and conditions, and that “The contractor confirms that part of this contract is a contract, and faithfully performs his/her contractual obligations in accordance with good faith.”

Meanwhile, the instant service contract is accompanied by electronic documents, such as “the content of the watchkeeping service business in 2018 (hereinafter “the instant service contract”)”, “the special condition of the watch service contract (hereinafter “the special condition of this case”)”, and “the details of the service fee calculation for the year 2018 (hereinafter “the instant calculation statement”).” Of them, the instant special condition of business is as follows. The instant calculation statement of the amount of KRW 94,00,000 to be accumulated every month by the Plaintiff is included in separate items.

Article 3 (Assignment of Persons and Working Hours) (2) The assignment of persons referred to in the preceding paragraph shall be based on the succession of the number of persons currently working, except in extenuating circumstances, the employment shall be maintained during the service contract period, and the workers on duty shall be on duty.

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