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(영문) 서울남부지방법원 2015.07.23 2014가합12066

임상실습교육비청구 등

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1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The status of the parties 1) The Plaintiff medical corporation A (hereinafter “Plaintiff A”)

A) The Yeongdeungpo-gu Seoul Metropolitan Government operates the E Hospital, and the Plaintiff medical corporation B (hereinafter “Plaintiff B”).

(2) The Defendant Educational Foundation C (hereinafter “Defendant C”) operated G University, and thereafter the Defendant Educational Foundation D (hereinafter “Defendant D”) donated all the tangible and intangible assets of G University from Defendant C, and began to operate G University from July 1, 2014.

Defendant D changed the name of the above school to H University (hereinafter collectively referred to as “G University”) around September 1, 2014.

B. On January 31, 2013, Plaintiff B and the Defendant C entered into an agreement with Defendant C on January 31, 2013 to entrust Defendant C with the education and clinical training of students at G University universities, but to make a separate agreement on clinical training expenses. (2) On January 31, 2013, Plaintiff B entered into an agreement with Defendant C on January 31, 2013 with respect to clinical training as follows.

(hereinafter referred to as the “Convention on Clinical Training for the First Clinical Practice”). Article 2 (Agreement Period) is effective only for two years (from February 4, 2013 to February 3, 2015) and if it is intended to cancel in the middle, it shall be notified to the other party and may be cancelled three months prior to the cancellation.

Provided, That the school and hospital may extend the one-year unit period in consultation with each other.

Article 4 (Bearing of Clinical Practice Expenses) Clinical Practice Expenses shall be KRW 1,000,000 per annum, and the hospital shall divide them into semesters and claim them to the school, and the school shall be paid to the hospital within one month from the date of the request of the hospital.

Article 6 (Medical Rights of Hospitals) Hospitals shall provide necessary support and cooperation for the practice of students as follows:

1. The hospital shall provide students with practical training in consultation with schools to the extent that such practice does not seriously interfere with the diagnosis and treatment and the operation of the hospital.