logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2017.07.13 2016가합77236
계약 일부 무효 확인
Text

1. Among the lawsuits in this case, a service contract for the collection and transportation of domestic wastes on behalf of the parties to the contract shall be executed on behalf of the parties:

Reasons

1. Basic facts

A. On December 31, 2015, the Plaintiffs concluded a service contract with the Defendant for the collection and transportation of household wastes, etc. generated from the zone 1 through 5, which is divided by the Defendant, and the contract period from January 1, 2016 to December 31, 2016 (hereinafter “instant service contract”).

B. The provisions at issue in the instant case in terms of the content of the service contract for the collection and transportation of domestic wastes by proxy (agency area: No. 1-5) (hereinafter “instant order for business operations”) attached to the instant service contract are as follows.

[A] Article 51 (Recovery of Labor Cost) (2) "B" (hereinafter the same shall apply) intends to employ an indirect labor worker for at least three months, if it is intended to employ an indirect labor worker for at least three months, it shall be reported in advance to "A" (the defendant; hereinafter the same shall apply) and the personnel expenses corresponding to the employment of a person who employs a indirect labor worker without reporting the indirect labor worker shall be recovered.

(3) In cases of indirect labor expenses, the standards including direct labor expenses (including premiums and welfare expenses separately) and allowances for the head of a working group (300,000 won per month), shall apply mutatis mutandis to such excess amount, and where the “A” is recovered, and where the “A” has worked for less than one year, it shall be calculated and recovered in proportion

Provided, That the part of work exceeding the design details, such as holiday work, shall be excluded.

(4) Indirect labor personnel shall be excluded from the registration standards for the representative of “B” and family relation personnel (the registration standards for the representative principal and the representative father-child relationship).

Personnel expenses for indirect labor personnel employed in violation of this, shall be recovered by "A".

C. On June 7, 2016, the Defendant urged the Plaintiffs to “compliance with and adequate enforcement of the regulations on indirect labor expenses” under the instant service contract, and did not appropriately execute the cost of indirect labor, Article 51 of the said order of business operation.

arrow