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(영문) 대전지방법원홍성지원 2015.02.24 2014가단9922
용역비
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On June 15, 2013, the Plaintiff entered into a bus service contract between the Defendant and the Plaintiff to operate 45 passenger buses for the commuting of Defendant employees (hereinafter “instant service contract”). The terms and conditions relating to the instant contract are as follows.

Contract amount: 5,400,000 won (excluding value-added tax): Provided, That in the case of Sundays, 300,000 won/day shall be additionally paid.

Contract term: From June 17, 2013 to June 16, 2015 (2 years), it shall be automatically extended in the absence of any objection by both parties three months prior to the expiration of the term of validity.

[Special Conditions] Article 17 (Cancellation of Contract) (2) The defendant may unilaterally terminate the contract when the following cases arise, and the plaintiff may not raise an objection thereto.

(4) Where it is deemed that there is no need to operate an automobile due to a significant decrease in the number of boarding personnel or any other reason even during the contract period, the defendant shall terminate the whole or part of the contract to the plaintiff.

may seek.

B. Around January 2014, the Defendant expressed his/her intent to suspend the operation of a bus on the ground that the passenger was reduced, and the Plaintiff suspended the operation of the bus under the instant service contract.

[Ground of recognition] A without dispute, entry of Gap evidence 2, purport of whole pleadings

2. The assertion and judgment

A. On January 2014, the Defendant asserted that the Plaintiff would temporarily suspend the operation of a bus due to the reduction of boarding staff, and provided KRW 1,500,000 between two months from February 2, 2014 to March 3 of the same year, and provided funds without subsidies from April 2014 to May 201 of the same year, the Defendant would operate a bus in accordance with the instant service contract from June 2014 to June of the same year.

"At present, this case's service contract was partially terminated with the consent of the plaintiff.

However, the defendant did not resume the operation of a bus as agreed after June 2014.

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