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(영문) 서울중앙지방법원 2018.08.16 2017가단5227595
손해배상(기)
Text

1. Defendant B’s KRW 8 million and that with respect to the Plaintiff, 5% per annum from January 20, 2018 to August 16, 2018.

Reasons

1. Basic facts

A. The Plaintiff is a person who entered into a contract on behalf of Korean mother residing in the United States and helps the U.S. to assist the mother's postnatal care.

B. Defendant B was a person who resides in U.S. Boston and was waiting for giving birth at the end of March, 2017. Around January 2017, Defendant B read the Plaintiff’s written job seeking for postpartum helpers and asked the Plaintiff about postpartum care.

C. As the mother of Defendant B, on January 12, 2017, Defendant C entered into a postnatal care contract with the Plaintiff on behalf of Defendant B, between March 20, 2017 and May 5 each week from March 20, 2017, which is the expected date of Defendant B’s delivery, to help the Plaintiff conduct the postnatal care of Defendant B, and to pay USD 1,000 per share to the Plaintiff as the price (hereinafter “instant postnatal care contract”), and paid USD 1,000 as the down payment.

In January 2017, the Plaintiff entered into a contract for postnatal care with D, E, and F, which are expected to be given birth in April 2017, and F, which are expected to be given birth in May 2017. The Plaintiff left the Republic of Korea as U.S. Boston on January 2017.

E. After completing the postnatal care of D around February 2017, the Plaintiff left the Defendant’s house while assisting Defendant B’s director from February 28, 2017 to March 7, 2017.

F. During the remaining period until the scheduled date for Defendant B’s childbirth, the Plaintiff left the E’s house on March 7, 2017. While accompanying the E’s house, there was a emotional dispute between the Plaintiff and Defendant B, and then, there was a dispute between Defendant B, their husband and the Plaintiff regarding whether the payment of the remaining USD 3,000 per share was made in order or whether the remaining USD 3,00 per share was made at the beginning date of the postnatal care contract.

G. Defendant B and her husband shall be the U.S. immigration state during March 2017.

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