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(영문) 서울남부지방법원 2020.11.03 2019가단253346
용역비
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff’s assertion has provided consulting services, such as securing family nursing human resources and providing them with continuous education and management services so that hospitals and family nurses can properly provide family nursing services. The Plaintiff entered into a consulting contract on February 1, 2019 with the Defendant operating a D Hospital, which is a medical institution, to provide the said hospital with practical consulting services, including securing family nursing human resources and education for home nurse, from February 1, 2019 to May 1, 2019, and the consulting expenses amounting to KRW 41,590,000 per treatment case, and thus, the Plaintiff sought payment.

2. As to the fact that the consulting contract between the Plaintiff and the Defendant was concluded between the Plaintiff and the Defendant, the evidence No. 3 was not admitted as evidence to acknowledge that the consulting service contract was concluded between the Plaintiff and the Defendant, since the consulting service provider’s hospital, not the Defendant, is indicated as a party, and the Defendant’s representative is not indicated, and thus, it cannot be admitted as evidence to acknowledge that the consulting service contract was concluded between the Plaintiff and the Defendant.

the Plaintiff and the Defendant agreed to pay consulting costs of KRW 10,000 per treatment case.

It is insufficient to deem that the consulting cost for the plaintiff's assertion has been incurred, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's assertion is without merit without further review.

3. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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