The part against the defendant in the judgment of the first instance shall be revoked.

The plaintiff's claim corresponding to the above cancellation shall be dismissed.

1. The facts under the recognition of facts are either in dispute between the parties or in accordance with Gap evidence Nos. 1 through 8 (including each number in case of additional numbers), Eul evidence Nos. 2, 3, and 8, Eul evidence Nos. 11, 13, and 17-1 through 3, Eul evidence No. 18-2, 4, Eul evidence No. 20, 23, and Eul evidence No. 20 and 23, and the first instance court's order to submit financial transaction information to the President of the IBK of June 28, 2018 and the whole purport of the pleadings are recognized.

A. 1) The Plaintiff, who is engaged in the business of introducing, arranging, etc. nursing workers, entered into the instant contract, is the C convalescent Hospital (hereinafter “Defendant Hospital”) on October 12, 2012.

(2) As to the Defendant operating the Defendant’s contract period from October 12, 2012 to October 12, 2014, the Plaintiff is obligated to dispatch nursing staff to the Defendant Hospital and receive nursing expenses from the Defendant (hereinafter “instant contract”).

(2) Article 4(2) of the instant contract provides that the Defendant shall pay the Plaintiff nursing expenses on the 10th day of each month (hereinafter referred to as “intermediate clause”), and the said contract does not have any automatic renewal clause.

나. 이 사건 계약 종료일 이후의 재계약 협상 1) 이 사건 계약의 종료일 직후인 2014. 10. 16. 피고 병원 부원장 K는 원고의 대표이사 D에게, ‘재계약 하셔야죠’라는 문자메시지를 보냈고, D은 그로부터 14분 후 ‘넵. 담주에 할까요 ’라는 회신을 보냈다. K는 2014. 10. 29. D에게 ‘계약서를 보내달라’고 요청하였고, D은 ‘그러겠다’고 회신하였다. 2) K는 2015. 1. 13. D에게 ‘계약서를 정리하자’는 문자메시지를 보냈고, D은 이를 받고난 후 ‘곧 출발한다’는 회신을 하였다.

on January 15, 2015, K sent a text message “a request to verify the contract” to D, and D sent on January 19, 2015 e-mail “a request to verify the contents attached to the contract” to K.

[Defendant] On January 20, 2015, a nursing service contract (No. 1) is provided.