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(영문) 부산지방법원 동부지원 2018.09.13 2017가합107215
용역비
Text

1. The Defendant shall pay to the Plaintiff KRW 424,20,000 and the interest rate of KRW 15% per annum from January 3, 2018 to the date of complete payment.

Reasons

1. Facts of recognition;

A. On December 1, 2014, the Plaintiff entered into a human resources service contract (hereinafter “instant service contract”) with C Housing Association and the Defendant with the content that the Plaintiff, as a human resources service company, is to provide human resources services and public relations services, and is to receive service cost (excluding value-added tax) of KRW 5 million per household to which the Plaintiff entered into a membership agreement.

The main contents of the instant service contract are as follows.

(2) This Agreement shall be concluded for the purpose of smooth achievement of the purpose of its business by employing necessary human resources upon recruitment of the members of this Agreement.

§ 2 (Scope of Human Resources Services) (1) to the extent of 948 households which are scheduled to be constructed, and to the extent that the changed household is applied in case of a change in authorization or permission.

(2) Members’ contributions shall be based on the amount and schedule as designated by C Housing Association and the Defendant.

(3) The management and contract of charges and other related documents shall be managed under the responsibility of the C Housing Association and the Defendant.

(1) The service cost shall be determined as follows:

(2) The method of payment of the service cost separate from 5 million won per household of the amount of divided household shall be based on a contract to join the association members for settlement on the 1st day and 15th day of each month, and the cash payment shall be made in principle within five days from the date of the request, but the service cost shall be paid at the time of a contract to join the association members.

Provided, That the service cost shall be paid by applying it from the time of the first recruitment of members after the open opening of the public relations center.

Article 5 (Measures against Occurrence of Dangerous Persons) When the contract for subscription of a cooperative member is cancelled after the conclusion of the contract, and the down payment has been returned, the plaintiff shall refund the service fees received from the C Housing Association or the defendant.

Provided, That this shall not apply after applying for authorization for establishment.

Article 6 (Rights and Duties Concerned) The plaintiffs, the defendant and the C Housing Association shall perform the duties relating to the establishment of this Agreement as follows:

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