1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Basic facts

A. On November 26, 1994, the Namwon-si National Assembly member was designated as urban planning facilities (general medical facilities) in accordance with the Southern City Urban Management Plan (Notice C of Jeollabuk-do), and accordingly, the “D Hospital”, which is a general medical facility, was established and operated in the above area.

B. On September 3, 2014, the Plaintiff entered into a technical service contract (hereinafter “instant service contract”) with the Defendant, who had a plan to operate “E Hospital,” which is not a general medical facility, on the site of the said D Hospital and on the ground building, to receive and supply services in the general medical facility located in the Namwon Hospital (hereinafter “instant service contract”) from September 3, 2014 to March 2, 2015, based on the contract amount of KRW 33,00,000,000 and the contract period from September 3, 2014 to March 2, 2015.

The main contents of the terms and conditions of technical services under the instant service contract are as follows.

Article 13 [Termination of Contracts] A (Defendant of this case) or B (Plaintiff of this case) of the General Conditions on Technical Services may terminate all or part of this Agreement in the following cases:

1. "B" fails to perform the terms and conditions of the contract without justifiable grounds;

3. Where “A” or “B” is deemed to be unable to properly perform services due to reasons corresponding thereto, such as default, bankruptcy, business suspension, etc.;

4.Where the contract between “A” and the original place of order is terminated or it is inevitable to terminate this contract due to unavoidable circumstances; 5. “A” or “B” may claim damages to the party responsible for the termination of this contract if the damage has occurred due to the termination.

6. Where a contract is terminated due to a cause attributable to “B”, thereby, if the amount of losses incurred to “A” in relation to the expenses incurred in further performance of the remaining services and the contract for the original place of order exceeds the performance contract deposit, “B” shall apply.