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(영문) 창원지방법원 2018.04.19 2017나54965

대여금

Text

1. Revocation of the first instance judgment.

2. All of the plaintiff's claims are dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Nonparty D is a doctor and a director who independently exercises the power of representation in E, a non-party incorporated foundation.

B. On December 7, 2016, Defendant B entered into an agreement (hereinafter “instant agreement”) with the content of accepting an F Hospital operated by E, an incorporated foundation, from D, as follows (hereinafter “instant agreement”).

1. The sale amount shall be 6,200,000 million won ( 6,200,000).

Provided, That E shall not be used as an incorporated foundation.

2.The down payment date shall be transferred in kind on December 8, 2016, in the amount of KRW 410,000 ( KRW 410,000).

3. The date of part payments shall be paid in cash on December 23, 2016 (100,000), in cash.

4. The balance shall be paid immediately after acquisition of a license for a medical corporation at the end of February 2017.

5. The amount other than the down payment, intermediate payment, and balance, out of the sold amount, shall be paid and disposed of as succession to liability;

List of Debt Successions

(a) 3,200,000

(b) Detention of employee retirement allowance ( 400,000,000)

(c) Customer payments (based on the end of December, 400, 400,000)

(d) 100 million won per one hundred billion won of the loan of the president of A ( 1,100,000);

(e) Attention of national and local taxes ( e.g. 500,000,00);

6.After paying the down payment, the seller shall actively cooperate in the documents and business cooperation necessary for delivery to the buyer.

C. According to the instant agreement that Defendant B paid D the down payment of KRW 410,000,000 in kind, Defendant B completed the registration of ownership transfer on the ground of sale as to the Defendant C’s H loan Nos. 201, 202, 302, 401, and 402, which was owned by the Defendant C, at the request of D on December 15, 2016.

D After receiving the down payment from Defendant B, D did not perform all the obligations under the agreement to deliver the said F Hospital.

Accordingly, on February 9, 2017, Defendant B sent a reply to urge D to perform the obligation under the instant agreement, but D still failed to perform its obligation, and Defendant B rescinded the instant agreement to D on February 14, 2017.