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(영문) 서울중앙지방법원 2016.06.21 2015가단144424

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On April 6, 2015, the Plaintiff is a corporation established with the business purpose of distributing food and health auxiliary food, selling, wholesale and retail business, providing port cancer services, and providing support services.

B. Around March 27, 2015, the Plaintiff’s representative C entered into a business cooperation operation agreement with Nonparty-Party Social Welfare Foundation D (hereinafter “D”) with the following contents, and the Defendant became a guarantor of the said contract.

(hereinafter referred to as “instant contract”) D (hereinafter referred to as “A”) and A (hereinafter referred to as “B”) enter into this contract with respect to the operation of the aviation cancer-related group and related services of A.

Section 1 (Purpose) The purpose of this Agreement is to provide for basic matters and services necessary for the provision and operation of Section B Cancer with Gap and Eul.

Article 3 (Operational Method) A and B shall cooperate and operate a fee system by adopting and operating it, and the contract office shall enter into a contract with 40 basic rooms and gradually increase up to 60 rooms.

Article 4(1) A division of duties:O for facility provision and management, operation of a restaurant, provision of meals, business and publicity, welfare and service: B brand and lelecath provision, designation of food materials/mediation and group management, Internet management and publicity, patient counseling and education, and 2) Profit sharing in return for division of duties: 1,60,000 out of the amount deposited as monthly admission expenses per head of the lecath cancer patient and the remainder shall be paid to Gap in return for division of duties.

O : He/she shall receive, in return for the division of his/her duties, the remainder after deducting A's profit sharing amount from the amount received by the person admitted to the Port Cancer from the amount of admission fees.

Article 5 (Period of Contract) The term of contract under Article 5 (Period of Contract) is from April 1, 2015 to March 31, 2020 (five years). 2) The extension of the term of contract is at intervals of five years, and barring any special circumstance, it is impossible to terminate or suspend the contract due to the nature of the contract.