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(영문) 청주지방법원 2015.12.17 2014가단10588
용역비
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Defendant is a doctor who is the business owner of the Gyeyang-gu Incheon Metropolitan Gyeyang-gu Hospital (hereinafter “instant hospital”) located in the “Dvalescent Hospital” located in the eighth-dong, Gyeyang-gu, Incheon Metropolitan City (hereinafter “Dvalescent Hospital”).

The Plaintiff is a E-mail who is a doctor in charge of treatment at the instant hospital.

On August 22, 2011, the Plaintiff established a mutual nursing business entity, “F” in the name of the Plaintiff on the 7th floor of the above building.

The main contents of the contract between the Plaintiff and the Defendant for collective dispatch of nursing staff (hereinafter “instant contract”) were drawn up as of September 1, 201 as follows.

Article 3 (Terms of Contracts) (1) When the defendant requests the plaintiff to a nursing staff needed in a hospital, the basis of the contract is to select and train on behalf of the defendant and dispatch him to the defendant.

Article 5 (Payment of Nursing Service Expenses) (1) The defendant shall settle the nursing expenses as of the last day of each month and submit them to the plaintiff, and the plaintiff shall pay the service expenses to the defendant by

(3) Nursing service expenses include 20% of the defendant's introduction fees, 3.3% of the nursing personnel's 3.3% of the amount of taxes, 4 major insurance premiums, individual service fees, leave fees, and insurance premiums.

⑤ If the Defendant pays to the Plaintiff the daily and monthly service cost of the supplied nursing worker, the Plaintiff shall immediately pay the nursing worker a prompt amount.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 3, 9 (if there is a tentative number, including branch numbers; hereinafter the same shall apply), Eul evidence Nos. 1, 2, 4, and 5, witness G, and H's testimony, the purport of the whole pleadings

2. Determination as to the cause of claim

A. On September 1, 2011, the Plaintiff asserted that the instant contract was concluded with the Defendant and supplied nursing staff to the instant hospital by September 27, 2012, and that the Plaintiff did not receive total of KRW 72,097,687 on the ground that it was not paid due to the fact that the nursing staff was not paid from January 30, 2012, and that the Plaintiff claimed for the payment of the said KRW 72,097,687 and damages for delay.

As to this, the defendant is the hospital of this case.

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