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(영문) 광주지방법원 2016.12.23 2015가합57234
식자재납품대금청구등의 소
Text

1. Defendant C’s KRW 722,685,883 as well as 6% per annum from July 1, 2015 to July 13, 2015, respectively, to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a stock company established for the purpose of the entrusted food supply business, etc., and Defendant C is the actual operator of the Evalescent Hospital located in Sinpo City D (hereinafter “instant hospital”), and Defendant B is a person who registered the instant hospital in his name from August 1, 2013 upon the request of Defendant C and registered the business of the instant hospital in his name from August 1, 2013 to the hospital head.

B. On February 25, 2013, the Plaintiff entered into a contract for the supply and management of food materials (hereinafter “instant contract”) with Defendant C to supply and manage food materials to the instant hospital.

Article 3 (Term of Contract) The term of contract shall be three years from the date the hospital starts to provide meals to the patient after the establishment of the hospital.

If the contract is not extended any longer due to the expiration of the contract period, the plaintiff and the defendant C must notify in writing one month in advance, and if there is no separate opinion, it shall be automatically extended two years.

Article 4 [Deposit for Delivery Contract] Total Deposit: KRW 400,000,000 for down payment of KRW 100,000 for down payment on February 25, 2013, and KRW 100,000 for the first intermediate payment of KRW 100,000 for the first intermediate payment of KRW 100,000 for the first intermediate payment of KRW 100 for the second intermediate payment of KRW 100 for the time of establishment of a hospital, and the balance of KRW 100,000 for the second intermediate payment of KRW 150 for the inpatients, shall be paid at the time of at least 150 for inpatients.

Defendant C shall set up a collateral security of KRW 450,000,000 on the instant hospital building located in Yongpo-si, Jeonpo-si at the same time with the commencement of hospital treatment.

Article 20 [Termination of Contract] (1) When either the plaintiff or the defendant C intends to terminate the contract during the term of the contract, one party shall notify the other party of the reason at least two months prior to the termination.

Matters of special agreement

3. Standard for calculating the unit cost of the supply of food materials - General formula: provision of not less than four cm (bed rice, not less than country) - application of the nutrition consumption standard for Korean people. - Calculation of the unit cost of the supply shall be calculated at the price of one cafeteria, but shall be calculated by three cafeteria per day.

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