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(영문) 전주지방법원 2019.01.17 2017나13222
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. On March 20, 2015, the Plaintiff and the Defendant enter into the instant contract with the term “convalescent Consulting contract” (hereinafter “convalescent consulting contract”) as follows:

A) The Plaintiff and the Defendant entered into a consulting agreement for the establishment of a convalescent hospital as follows. The purpose of this agreement is to: (a) Article 1 [the purpose of this agreement] is to provide the Defendant with the consulting services prescribed in Article 2 in good faith in order to establish a hospital for the establishment of a convalescent hospital located in the Jeonju-gu Seoul Metropolitan City, which is promoted by the Plaintiff; and (b) facilitate the implementation of the establishment of the convalescent hospital. Article 2 [the scope of services provided by the Defendant under this agreement] is to provide the following services:

1. Advice necessary to permit the establishment of convalescent hospitals;

2. Advice necessary for purchasing medical appliances and fixtures necessary for the establishment of a convalescent hospital;

3. Advice on employment and education of essential human resources (including documents);

4. Advice on all of the documents required for reporting to the government and public offices;

5. Consultation necessary for the acquisition of certification;

6. Advice on public relations activities that are ON/OF;

7. The service period under this contract shall be from the date of conclusion of the contract to the date of approval for the establishment of a hospital for the plaintiff.

Article 4 Service Costs

1. The costs of services under this Agreement shall be the total of 50,000,000 (50,000)

2. Upon entering into a contract, the Plaintiff shall pay in cash the Defendant the remainder in cash at the time of completion of the hospital establishment permit (the establishment permit). The Plaintiff shall pay the remainder in cash to the Defendant at the time of completion of the contract.

3. After this consulting agreement, the Plaintiff shall pay the Defendant a salary by employing the human resources and expenses necessary for the hospital business as an employee or by setting a separate amount in cash.

5. If a consulting service is suspended due to the defendant's circumstances, the plaintiff shall consult the defendant with the full or partial payment of the consulting service.

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