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(영문) 서울중앙지방법원 2017.10.20 2016가합504952
손해배상(기)
Text

1. The defendant has expressed his intent of employment to the plaintiffs.

2. The defendant is against the plaintiffs:

(a) Attached Form 1.

Reasons

1. Basic facts

A. The Defendant entered into a contract for driving personnel services with a corporation established for the purpose of banking business, which is entrusted with vehicle driving, vehicle, and parking management business with three-dimensional Korea Co., Ltd. (hereinafter referred to as “three-dimensional Korea”), and dump Korea Co., Ltd. (hereinafter referred to as “Gump Korea”), and which is entrusted with three-dimensional and dump Korea (hereinafter referred to as “instant service company”).

(hereinafter “instant service contract”). The contents of the instant service contract concerning the instant issues are as follows.

Article 4 (Contract Fees) (1) Contract Fees shall be KRW 1,735,740,00 per annum (in the case of Trimanal), KRW 748,80,000 per annum (in the case of Stumum Korea),

Article 5 (Site Agent) (1) A (hereinafter the same shall apply) shall appoint a field agent to be in charge of the affairs falling under any of the following subparagraphs and notify him in writing to B (Defendant; hereinafter the same shall apply) prior to the commencement of the affairs, and the same shall apply to the modification thereof:

1. Labor management for the input personnel, and order for an occupational direction;

2. Contacting and coordinating B with regard to the implementation of this Agreement;

3. Handling of special orders other than the orders, contracts and orders of Eul;

4. Other matters concerning the performance of entrusted duties under this contract. (2) Eul shall perform only the field agent appointed by Gap in connection with the entrusted duties under this contract, and shall not directly perform such duties to Gap's employees.

Article 7 (Place for Performance of Entrusted Affairs) The place for performance of entrusted duties shall be the place designated by Section B, and in cases of changing the place, it shall be notified to Section A one month prior to such change.

Article 9 (Bearing of Vehicle Management) (1) All the expenses incurred in driving vehicles (regular inspection expenses, comprehensive insurance premiums, oil expenses, repair expenses, road tolls, etc.) shall be borne by the Gu.

B. The Plaintiffs are subject to each employment contract with the instant service company listed in the “temporary work agency” column of the attached Table (2) as of the date stated.

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