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1. The Defendant’s KRW 21,608,290 as well as 5% per annum from June 3, 2015 to April 1, 2016 to the Plaintiff.
Reasons
1. Facts of recognition;
A. From April 16, 200, the Defendant, as a medical specialist in the family department, opened and operated B members of the family department in the second floor of Gangdong-gu Seoul Metropolitan Government Cbuilding (hereinafter “instant building”).
B. On June 10, 2004, the Defendant, in order to establish and operate a psychiatrist under the name of a psychiatrist, entered into the following agreements with the Plaintiff, who is a psychiatrist (hereinafter “instant agreement”). On June 14, 2004, between June 14, 2004 and December 1, 2004, the Defendant additionally established and operated a “D Council member” (hereinafter “instant Council member”) under the name of the Plaintiff as the second floor and the third and fourth floor of the instant building.
(1) Article 1 (Employment Relationship) (1) The Plaintiff is a reporter of the establishment of medical institution and a business operator of the instant member, or in fact, the Defendant is the owner at the same time as the actual president of the instant member, and the Plaintiff is an employee who provided only the name of establishment and received monthly salary for the purpose of performing the mental diagnosis
Article 2 (Rights and Obligations of Parties to Contracts) (1) The Defendant, as a substantial owner of the instant member, has all legal and tax rights and obligations arising in connection with the operation of the instant member.
(2) The Defendant provides all human and physical facilities, such as employees, facilities, buildings, administration, etc., so that the Plaintiff can provide a mental and physical treatment for the benefit of the instant Council members, and manages and operates all the tasks, such as filing claims and receipt accompanied by mental and medical treatment, storage of medicine, etc.
(3) The administrative and criminal results (including dispositions related to licenses) arising in connection with the operation of the hospital, regardless of the pretext, such as income tax, value-added tax, wages of employees, and taxes and public charges derived therefrom, arising from the operation of the hospital, shall be borne by the Defendant.
“(4) The Plaintiff shall enter into an agreement with the Defendant when providing all medical treatments and ancillary services thereto, and the Defendant shall be a psychiatrist.