매매대금반환
1. The Defendant (Counterclaim Plaintiff) shall pay 19.8 million won to the Plaintiff (Counterclaim Defendant) and the full payment with regard thereto from July 3, 2012.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On February 11, 2012, the Plaintiff entered into a contract with the Defendant to sell Dental department located in Young-gu, Suwon-si (hereinafter “instant dental license”) (hereinafter “instant contract”). The main contents are as follows.
(A) - Amount of KRW 210,000,000 (amount of KRW 30,000,000 on February 17, 2012) - Paragraph 1 of Article 2 (The payment of KRW 90,000 to February 17, 2012 and the remainder of KRW 90,000 shall be paid in equal amount of KRW 10,000 each month from April 2012 to December 2012) - Full assignment of patients’ medical records of the instant dental (the Plaintiff shall not be required to obtain personal information from February 3, 2012, and shall not be allowed to use the soliciting act) - Paragraph 4 of the instant dental license: The use of the name of the instant dental license may be modified or used at the Plaintiff’s discretion.
- Paragraph 5: Paragraph 6 of this Article is excluded from radiation installation devices, dental dump Montreal 5, and both agreements made by enquiries, equipment, and water bags; the Plaintiff will also consult or cooperate for the Defendant’s continuous medical treatment without conditions such as tax, air, and health insurance application.
The Defendant paid the Plaintiff the down payment of KRW 30 million on the day of the instant contract.
On February 29, 2012, the Plaintiff and the Defendant entered into a detailed contract related to Paragraph (1) of the instant contract (hereinafter “instant detailed contract”) and its main contents are as follows:
(No. 1) - The most substantial substance of this case’s dental treatment that the Plaintiff transfers to the Defendant is the right to continuous treatment of the existing patient.
- The plaintiff confirms that the new dental clinic (tentatively called E) prior to the contract with the defendant is not known to the previous and internal patient.
In addition, it has not been until now and it has not been notified in the future.
- The notice here includes all methods of communication, such as oral and wire, cell phone text, e-mail, and other means of communication, of the Plaintiff itself and its staff.
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