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(영문) 서울중앙지방법원 2018.05.31 2017나67874
용역비
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff is a company specializing in the maintenance, repair, and cleaning of the subway platform safety questions (Scream). Of the history of 97 stations in Seoul subway 1-4, the Plaintiff maintained and repaired the safety doors installed and operated in 97 stations in Seoul subway 1-4 stations. The Seoul Mcro is a public corporation that operates the Seoul subway 1-4 lines.

B. Seoul Metro was merged with Seoul Metropolitan City Urban Railroad Corporation on May 31, 2017, and Seoul Urban Transit Corporation succeeded to all the rights and obligations that Seoul Urban Transit Corporation had.

(hereinafter referred to as “Defendant”). C.

On November 30, 2011, the Plaintiff entered into a contract for the entrustment of the operation of platform maintenance and management between the Defendant and the Plaintiff, from December 1, 2011 to May 27, 2015, and the Plaintiff entered into a contract for the entrustment of the operation of platform maintenance and management to receive service fees from the Defendant.

As the service contract was terminated on May 28, 2015, the Plaintiff again entered into an entrustment service contract with the Defendant to ensure that the Defendant will receive KRW 8,483,500,000 from June 1, 2015 to June 30, 2016, including 125 persons engaged in the maintenance and management of platform safety documents and 25 persons engaged in the maintenance and management of platform platforms from June 1, 2015.

E. Meanwhile, apart from the Plaintiff, the Plaintiff, separate from the employee of Jinjincom, entered into a contract for the maintenance and management of platform platforms with the Defendant, died of the accident at the time of facing the subway while repairing the Gangnam Station platform safety doors of Seoul subway 2 on August 29, 2015.

(B) On January 8, 2016, the Plaintiff entered into a contract with the Defendant to change the contract amount of KRW 8,969,722,075 as of January 8, 2016 to KRW 486,22,075.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 3, 8, 19, 20 each.

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