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1. The Defendant’s KRW 8,649,322 to the Plaintiff and the Plaintiff’s 6% per annum from November 1, 2013 to July 17, 2014.
Reasons
1. The fact of recognition is that the Plaintiff is running a human resources supplier with the trade name “C,” and that if the Plaintiff and the Defendant supply the nursing staff to the “D Hospital” operated by the Defendant from March 2012 to July 2013, the Defendant traded the supply of nursing staff by way of paying the nursing expenses to the Plaintiff.
[Ground of recognition] Facts without dispute, purport of whole pleading
2. The assertion;
A. As the Plaintiff was not paid KRW 22,388,816, out of the nursing expenses for the period from July 1, 2013 to July 15, 2013 by the Defendant, the Plaintiff is obligated to pay the Plaintiff the aforementioned KRW 22,388,816 and the damages for delay thereof.
B. The Defendant’s total amount of KRW 15,327,654, among the nursing expenses the Plaintiff received from the Defendant, should be returned to the Defendant on the ground that the amount was paid upon the Plaintiff’s false claim even if the nursing personnel was not actually supplied.
In addition, in a lawsuit seeking reimbursement against the Defendant in which the Mimz Fire and Marine Insurance Co., Ltd. paid insurance money to the patients injured by the negligence of the nursing staff supplied by the Plaintiff to the “D Hospital,” the decision of recommending settlement that the Defendant would pay the said company the amount of money. Accordingly, the Defendant agreed to pay KRW 1,838,301 to the said company on October 17, 2013, and the Plaintiff paid the said KRW 1,838,301 to the Defendant as compensation for damages.
Even if there is a nursing fee to be paid by the Defendant to the Plaintiff, if there is any money that the Defendant would have to receive from the Plaintiff in connection with the transaction of nursing personnel, the said nursing expenses must be settled in a way that deducts the money that the Defendant would have to receive from the Plaintiff. Accordingly, the nursing expenses that the Defendant would have to pay to the Plaintiff are merely KRW 5,22,861 (i.e., KRW 22,38,816 - KRW 15,327,654 - KRW 1,838,301).
3. The following circumstances, which are recognized by the following macroscopic evidence: