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(영문) 창원지방법원 2020.10.29 2019가합52761

대여금

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On January 4, 2017, the Defendant entered into a contract for the transfer and acquisition of the content that the Defendant would take over the instant hospital from F with F (hereinafter “instant transfer contract”) between F and the head of the hospital located in Seo-gu, Daejeon (hereinafter “instant hospital”) of the hospital located in Seo-gu, Daejeon (hereinafter “instant hospital”). As to the said transfer and acquisition contract, the Defendant was certified as a deed signed by a private person by a notary public, such as the G Office, etc. (No. 128) on the said transfer and acquisition agreement.

In addition, around that time, the Defendant and F prepared a separate contract for the transfer and acquisition of the instant hospital.

The contents are as follows:

[Certificate] The report number of matters to be reported (permission) under a transfer contract (permission): H name: The category of oriental medical hospitals and oriental medical hospitals: The location of the general hospital and oriental medical hospitals: The person who opened Seo-gu (No. 40 persons of the third floor): F

2. A contract to regularly transfer or acquire all of the above-mentioned status and facilities, etc. as an opener for the said matters to be reported to a medical institution;

3. The employees of these medical institutions also take place at their own expense the succession of employment of the employees.

On January 4, 2017, the transferee of the F business transferee [the transferor] the Defendant (the third floor of the D building 40 in the Seo-gu War) at the seat of the F transferee (the third floor of the D building 3 in the Seo-gu), the transferor F completes the transfer to the transferee by January 16, 2017.

The transferor F is responsible for all medical treatment conducted by the hospital E at the seat (30 units of the D building in the Seo-gu in the war) (40 units of the D building in the Seo-gu) by January 15, 2017.

In principle, the transferee shall take over the whole liabilities left to a hospital (40 units of the 3rd floor of the D building located in the Seo-gu in the wartime) together with the transferee.

Tax settlement for the amount of tax paid at the Hospital E in the location (30 units of the D building in the Seo-gu in the war) (40 units of the D building in the Seo-gu) shall be settled by the transferor F.

B. On January 6, 2017, the JJ concluded a transfer agreement between F and F to acquire the instant hospital from F to F (hereinafter “instant transfer agreement”).