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(영문) 서울중앙지방법원 2015.12.16 2015가합17093

정정. 손해배상

Text

1. The defendant,

(a) A correction report in attached Form 1 in three pages of the dentist newspaper first issued after the date this judgment became final and conclusive;

Reasons

1. Basic facts

A. The Plaintiff, while operating the “A dental clinic” in Seocho-gu Seoul Metropolitan Government (hereinafter “instant dental clinic”), was elected as the president of the Association of D Association, and transferred the instant dental clinic to E. The Defendant is a media organization that issues the “A dental clinic” as its main place and operates the website.

B. On July 2, 2014, the Plaintiff entered into a contract with E to transfer all of the instant dental services (hereinafter “this case’s acquisition agreement”). At that time, E purchased the instant dental services and opened “F” by accepting the instant dental services.

Article 1 (Acquisition Price) (1) The acquisition price of this contract shall be KRW 130 million.

(2) The details of the purchase price under paragraph (1) shall be determined as KRW 100,000,000,000,000 for rental deposit, facilities and premiums.

The extent of acquisition by transfer from the transferor under Article 2 (Subject to acquisition) shall be as follows:

1. Claims for the refund of lease deposit;

2. Status of lessee under a lease contract;

3. Succession of employment-mutual agreement shall apply.

4. All of the movable property, including all facilities, equipment, instruments, and materials of the current dental clinic;

5. All information, such as medical records;

6. All goodwill;

7. Other rights owned by a transferor in connection with A dental clinic shall be transferred to the transferee of all the matters prescribed in Article 2 with respect to A dental clinic by July 2014 of the transferor under Article 3 (Time of Transfer).

C. E discontinues the business of F on February 2015, and thereafter refers to an illegal network hospital in each of the instant articles, which are deemed to be followed by G dental units at the same place.

On the premise that shift points will be opened at the beginning of May 2015, the opening advertisement was made from April 2015.

Meanwhile, the Defendant posted the article of “B” (hereinafter “instant Internet article”) on the HH’s website as shown in attached Table 5, and the same content as the instant Internet article.