logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 동부지원 2018.07.10 2017가단204959
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. 1) The Plaintiff and the Defendant entered into the instant consignment operation contract (hereinafter “instant license”) on January 13, 2016, with the Plaintiff on January 13, 2016.

) From January 18, 2016 to January 17, 2018, a contract was concluded for the consignment of KRW 1,213,556,043 during the term of operation (hereinafter “instant consignment operation contract”).

(2) Of the service specifications and general terms and conditions incorporated into the instant consignment operation agreement, the parts relating to the instant case are as follows.

Article 5 (Method of Performance of Entrusted Operation) (5) The trustee shall assign a person meeting the number of employees by duty and qualification requirements in attached Tables 1 and 2 to the relevant facilities and duties, and where there is a person disqualified for performing his/her duties among the employees of the trustee, the truster may notify the trustee thereof, and in such cases, the trustee shall take appropriate measures after confirmation.

Article 7 (Period of Entrustment Operation and Method of Payment of Service Costs) (2) In principle, a truster shall pay service costs once a month, and where one month has not elapsed, it shall be calculated on a daily basis calculated by multiplying the monthly service costs by the number of days of service performance by 30 days.

Article 16 (Filling Vacancy of Employees) (1) A trustee shall keep the necessary human resources for the operation of each occupation prescribed in attached Table 1 at all times.

(2) Where a vacancy occurs due to resignation, etc., a trustee shall immediately notify the truster and fill the vacancy within seven days from the date of occurrence of the vacancy and notify the truster thereof.

[Attachment 1] A person who is essential for the operation of the job classification: Four persons (attached Table 2): A person who is required for the operation of the job classification: A person who is required for the qualification requirements for each job classification: At least three years of work experience in the relevant field (within the preceding five years) and the definitions of terms used in this condition are as follows:

1. The term “person ordering” means the president of the defendant or the person who has been delegated by him;

2. The term “contractor” means a natural or legal person who has entered into a service contract with an ordering person.

arrow