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(영문) 인천지방법원 2016.07.13 2015가단66594

손해배상금

Text

1. Defendant B’s KRW 5,350,00 and the Plaintiff’s annual rate of KRW 5% from December 2, 2015 to July 13, 2016.

Reasons

1. Claim against the defendant B

A. According to Article 48(3) of the Medical Service Act, where a medical corporation intends to dispose of its property, a medical corporation shall obtain permission from the competent Mayor/Do Governor. The above provision is an effective provision established to achieve the legislative purpose of the Medical Service Act in order to ensure the appropriateness of medical treatment and to protect national health by promoting the sound development of a medical corporation by providing property necessary for its management at all times by preventing improper reduction of its property (see, e.g., Supreme Court Decision 2008Da32501, Sept. 11, 2008). Thus, a medical corporation’s act of disposal of property by a medical corporation without permission from the competent Mayor/Do Governor is null and void. (2) A certified judicial scrivener is a person with professional knowledge about registration affairs and delegated registration affairs to a certified judicial scrivener based on the expectation and trust of such a certified judicial scrivener, who is such expert. Thus, although the main duties of a certified judicial scrivener related to registration affairs are prepared and represented by the applicant.

In a case where it is revealed that the client’s compliance with the client’s instructions in the course of performing his/her duties is inappropriate for the purpose of delegation or rather disadvantageous consequences to the client, the client is obligated to inform the client of such details within the scope related to the handling of the duties as prescribed by the Certified Judicial Scriveners Act and confirm the client’s genuine intent, and to explain or advise the client in an appropriate way so that the client’s registration is appropriate.

(see, e.g., Supreme Court Decision 2010Da5892, Sept. 29, 201). 3) When a certified judicial scrivener causes property damage to a mandator by intention or negligence while performing his/her duties, a certified judicial scrivener is liable to compensate for such damage (Article 26(1) of the Certified Judicial Scriveners Act). (b) A’s occurrence of liability for damages (i) facts acknowledged as “A” (Article 26(1)1, 24, 5, 6, 1, 2, 1, 2, and 2.