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(영문) 서울중앙지방법원 2013.11.27 2013가합30566
손해배상(기)
Text

1. The Defendant: KRW 44,006,940 for the Plaintiff and KRW 5% per annum from June 1, 2013 to November 27, 2013; and

Reasons

1. Basic facts

A. On June 9, 2009, the Plaintiff holding a dentist’s license and the Defendant without a dentist’s license concluded an agreement on the operation of dental hospitals in Seongbuk-gu Seoul 2nd floor C201 (hereinafter “instant building”) with respect to the following: (a) the Defendant is responsible for all expenses, benefits, and taxes of dental hospitals; (b) the Plaintiff, as the president of a dental hospital, treated patients; and (c) received KRW 11 million per month from the Defendant; (d) the Plaintiff, as the president of a dental hospital, received a basic wage of up to 60 million won based on the monthly amount of the hospital; and (e) the Defendant, upon the occurrence of the excess amount, concluded the agreement on the operation of the hospital (hereinafter “instant agreement”).

(A) Evidence No. 1). (b)

After that, around July 2009, the Plaintiff established a dental hospital under the name of the Plaintiff (hereinafter “instant hospital”) in the instant building. The expenses incurred by the Plaintiff in relation to the operation of the instant hospital from around that time to September 2010 are as follows.

1) Ocscamt Co., Ltd. (hereinafter referred to as “Ock items”).

(2) On August 31, 2009, the Plaintiff traded three goods with dental materials, such as 60 million won, 17,287,000 won on September 30, 2009, and 484,000 won for dental appliances, etc. on November 30, 2009. The Plaintiff did not pay a total of 60,026,918 won out of the price for the goods for the items. 2) The price for the goods to the point clinic (hereinafter referred to as the “point clinic”) that the Plaintiff purchased the medical appliances, such as the EX from the bar on December 2009 to the 6,10,000 won in total, but did not pay the remainder to the Plaintiff up to 10,000 won in connection with the goods.

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