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(영문) 서울남부지방법원 2018.09.11 2017가합113830
손해배상(기)
Text

1. The part concerning the claim for prohibition of posting a notice among the main claim of this case shall be dismissed.

2. The Defendant (Counterclaim Plaintiff) is the Plaintiff.

Reasons

A principal lawsuit and a counterclaim shall be deemed to be combined.

1. Basic facts

A. The Plaintiff, a company engaged in the business of software development, manufacture, sale, system integration development, etc., was delegated with the work related to the establishment of the F (G project; hereinafter “instant project”) of the E Company (E Company; hereinafter “E”).

B. On November 17, 2015, the Defendant entered into a contract with the Plaintiff to perform system development services for the instant project (hereinafter “instant contract”).

The Defendant’s performance of duties under the instant contract is from November 18, 2015 to May 31, 2017, and the service price is KRW 123,50,000 (monthly 6,50,000, and taxes and public charges are imposed by the Defendant).

1. “Entrusteder” (referring to the Plaintiff; hereinafter the same shall apply) shall pay the amount of KRW 30 million (based on the amount of KRW 30,00,000 and the amount of actual receipt) as agreed money to the “trustee” (referring to the Defendant; hereinafter the same shall apply) by July 8, 2016.

2. The truster shall be deemed to have paid all the amounts, including legal allowances, incurred by the trustee when working in the truster company by paying the amounts mentioned in the preceding paragraph, and the "trustee" shall consent thereto.

3. The terms “trustees” and “trustees” are not subject to all civil administrative responsibilities, including mutual labor-related laws and regulations, with respect to all matters pertaining to the employment and retirement of “trustees” as a result of the implementation of paragraphs 1 through 2 above.

4. On matters related to the contents of this Agreement, the terms "trustee" and "trustee" shall be absolutely confidential, and if one party divulges the contents to a third party, they shall be liable for all civil and criminal matters that may arise.

C. The Plaintiff terminated the instant contract with the Defendant as of April 8, 2016 due to lack of the Defendant’s qualification, and the Defendant sent e-mail to the Plaintiff that the Defendant was unfairly dismissed, and E promptly solves the problem with the Defendant.

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