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(영문) 서울중앙지방법원 2019.05.03 2018가단5039788
손해배상(기)
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 September 18, 2014, the Plaintiff entered into a contract with the Defendant for the entrustment of employment (hereinafter “instant entrustment contract”) with the following terms and conditions (hereinafter “instant entrustment of employment”).

(A) The plaintiff is the defendant, and Eul is the defendant). The purpose of this contract for the purpose of Article 1 is to request Eul to employ human resources who need Gap and to clarify the mutual rights and obligations arising in the course of employment of the candidate Eul who recommended Eul.

Article 2. 2 Information Provision and Obligations. 2) A shall give notice to B immediately after the appointment of the person who recommended B is finalized. 3) A shall pay to B the fees specified in Article 3 of this Agreement, if a person who recommended B is employed within one year.

Article 3(1) A shall pay the number of fees specified in paragraph(3) to B within seven days from the date of entry (the beginning date of actual service) of the employment-determined person for whom the appointment is determined.

(VAT separate) If a person employed on the recommendation of Eul, within 90 days from the actual commencement date of work, voluntarily retires within 90 days from the actual commencement date of work, if a person employed by Eul on the recommendation of Eul, within 20 percent of the annual salary of 30 million won or more but less than 20 percent of the annual salary of 50 million won or more but less than 10 million won, the annual salary of 25 percent or more of the annual salary of 10 million won or more, and 30 percent or more of the annual salary of 100 million won, then Eul re-Recommends the substitute person to A without additional expenses, as soon as possible, within 90 days from the actual commencement date of work. (ii) If a person employed by Eul on the recommendation of Eul, retires from the actual commencement date of work, he/she shall implement one of the guarantee devices after consultation with Gap.

3) Here, the term “payment of fees” or “payment of substitute personnel for the final employment” is either a “payment of fees” or “payment of substitute personnel for the final employment. 4) After the final employment determination, the person who recommended B and the Party A do not assume responsibility for all legal issues arising between B and the Party A.

Article 6. Effective Period A.

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