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1. The Defendant’s order based on the payment order for job placement fee in the Cheongju District Court 2015j1032 against the Plaintiff.
Reasons
1. The Defendant applied for a payment order against the Plaintiff on March 23, 2015, by the Cheongju District Court No. 2015 tea1032, and the said court applied for a payment order against the Plaintiff on March 23, 2015, that “the Plaintiff shall pay to the Defendant the sum of KRW 12,00,000 and the annual amount at the rate of 20% from the day following the day when the original copy of the instant payment order was served to the day when the original copy of the instant payment order was fully repaid,” and around that time, the said payment order was finalized (hereinafter “instant payment order”) may be acknowledged by taking into account the following facts: (a) there is no dispute between the parties; or (b) the evidence No. 2; and
2. The parties' assertion
A. The Plaintiff did not request the Defendant to introduce human resources, and C established a hospital under the Plaintiff’s name only concluded a fee contract with the Defendant without the Plaintiff’s permission.
B. (1) The plaintiff is obligated to pay to the defendant the amount equivalent to the introduction fee as compensation for tort unless he introduced the intention to work at the hospital established by C by leasing a doctor's license to the defendant C, and the defendant introduced the intention to work at the hospital established by C.
Doshe leased a doctor's license to C, thereby granting C the power to conclude a human resources presentation service contract with the Defendant, or the Plaintiff did not raise any objection to the Defendant's intention while working in the hospital, thereby ratification was later made.
3. The decision of the payment order does not take place even if it has become final and conclusive, and thus, the restriction is not applied to a lawsuit of demurrer pursuant to the time limit of res judicata (Article 58(3) of the Civil Execution Act). Therefore, in a lawsuit of demurrer, the determination of the payment order may be deliberated and judged as to all claims as indicated in the payment order. In such a case, the obligee, the burden of proof for the existence or establishment of the claim, is the obligee.