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(영문) 부산지방법원 2016.10.06 2015가단22102
손해배상등
Text

1. Defendant B shall pay to the Plaintiff KRW 52,676,496 and the interest rate of KRW 15% per annum from July 28, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. Defendant B operated a convalescent hospital under the trade name of the Evalescent hospital (hereinafter “instant hospital”) in Busan Young-gu. Around November 2013, Defendant B entered into a contract with the Plaintiff under the following terms (hereinafter “instant contract”).

(A) The term of the contract shall be from December 1, 2013 to December 1, 2014 (12 months).

(B) The food room shall be 3,200 won per 1 food for patients and 2,500 won per 2,500 won per staff.

Article 3 (Plaintiff) (Plaintiff) shall observe the following, and when it violates this, A (Defendant B) may unilaterally reverse the contract:

(d) Eul shall employ a restaurant employee pursuant to Article 21 of the Enforcement Rule of the Food Sanitation Act, and conduct a health examination every six months, and shall notify A of the results thereof.

(e) Eul must have a dietitian whose qualifications are recognized under articles 29 and 30 of the Food Sanitation Act, in accordance with articles 27 and 28 of the Food Sanitation Act.

(G) If the employment of a dietitian results in enormous trouble to the patient and the employee meal service due to the suspension of business without prior consultation of Gap for personal reasons, the employment of a dietitian shall be terminated immediately, and if the violation is made, Eul shall be liable for civil and criminal liability.

Article 4 All the expenses incurred in purchasing additional facilities, equipment, food equipment, and other than food equipment, and all the expenses incurred in maintaining and repairing the existing cafeteria and kitchen facilities, and operating funds.

Article 11. The settlement of the food for the staff members shall be calculated by both A and B by the last day of each month, and the food for the staff members who retire in the middle of the next month shall be calculated and paid by the number of days, and shall be determined by consultation between A and B for each year.

(A) The amount shall be paid to B after settling the number of patients and employees. [Matters under special agreement] Commissioned Rental Deposit: 30 million won.

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