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(영문) 서울중앙지방법원 2018.06.27 2017가합513243
용역비
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company operating facility security business, etc., and Defendant B is an individual entrepreneur with E points located in Gangnam-gu Seoul Metropolitan Government, and Defendant C is a general manager of G store operation committee located in Jung-gu Seoul Metropolitan Government, Jung-gu, who is in charge of general affairs, such as a general corruption.

B. On February 16, 2015, the Plaintiff drafted a security service contract agreement (hereinafter “instant contract agreement”) containing the following details with Defendant C, and Defendant C indicated the said contract agreement as “H” and “B” and affixed a seal affixed to the personal seal in the name of Defendant B.

The security service contract agreement between H (hereinafter referred to as the "A") and the A (hereinafter referred to as the "B") shall be concluded as follows:

Article 2 (Scope of Contracts)

1. Protection work to protect the property of the facilities A;

2. The period of this contract is from February 16, 2015 to one year from February 16, 2015, which is stipulated under the Security Services Industry Act for the protection of illegal behaviors, such as occupation and use in the facilities of Gap, rioting, rioting, farming, and fire prevention, and control of access to personnel, vehicles, and goods.

Article 6 (Calculation and Payment of Contract Amount) The contract amount shall be KRW 150,000 (150,000) per capita a day and the total amount shall be KRW 150,000 per day.

Article 12 (Work Hours to be Provided by Contract) In principle, an employee of B shall work for 12 hours, and may adjust or extend the hours of work provided by contract if requested by A.

Article 16 (Termination of Contract) A may notify B in writing, without prior notice, if a cause falling under any of the subparagraphs of this paragraph has occurred to B, and B may not raise an objection to B in this regard.

2. Where he/she deems that he/she is unable to perform the duty of security service of Eul or is unable to perform such duty (in such cases, Gap may suspend or change the whole or part of the duty of security service of Eul).

5. Any justifiable ground.

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