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(영문) 인천지방법원 2018.09.21 2017가합62197
손해배상(기)
Text

1. The Defendants jointly share the Plaintiff’s KRW 66,92,900, and KRW 5,000,000 to Plaintiff B, respectively, and KRW 2,50,000 to Plaintiff C and D.

Reasons

1. Basic facts

A. Defendant E Co., Ltd (hereinafter “E”) ordered Defendant E Co., Ltd. F (hereinafter “F”) to affix a seal of steel products produced by Defendant E at a designated place on November 21, 2016, while manufacturing steel products at a Party E plant located in J in J in Jin-si.

Accordingly, Defendant F leased from Defendant E the part of the above advanced factories, such as painting factories, shipping stations, etc. (hereinafter “instant workplaces”) and performed duties under the said contract at the instant workplaces.

B. On October 21, 2014, Defendant E drafted an entry contract between H and H on the 17 tons of H-owned 17 tons of ship, and set the admission fee at KRW 4,500,000 per month (excluding value-added tax) and attaching the following general conditions:

Accordingly, H has been in charge of transporting steel products using cars from March 2015 to the above company from March 2015.

After the contract for work as described in paragraph (1) has been concluded, Defendant E has continued to perform the same duties at the instant workplace with specific work instructions from Justice, which is an employee of Defendant F, and has received money from Defendant E in exchange for equipment fees.

Article 1 (Opening of General Conditions) “B” (hereinafter the same shall apply in this part) of the General Conditions shall be a good business operator who carries in and ships goods produced at the factory of “A” (Defendant E; hereinafter the same shall apply in this part) and raw and subsidiary materials into and out of the factory, and engages in arranging operations in the factory, and shall ensure prompt and accurate safety of the affairs entrusted by “A.”

Article 3 (Time of Work) (1) The number of attendance at work shall be 08:00 and 18:00 for retirement.

(2) When “A” requests “B” to work “B” as it is necessary for extended work, “B” shall cooperate with it.

(3) In principle, once a month after combining holidays and holidays, the payment of other allowances shall be 20,000 won per hour and shall not exceed 300,000 won per month.

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