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(영문) 수원지방법원안양지원 2016.02.16 2015가단8740
동산인도 등
Text

1. The defendant shall deliver to the plaintiff the movable property listed in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Basic facts

A. The Plaintiff, a legal entity that runs the wholesale and retail business of medical devices, lent each movable property listed in the separate sheet (hereinafter “instant movable property”) to D, who operated C in the former B, 3, and 4th floor (hereinafter “instant member”) on May 13, 2013.

B. On December 5, 2013, D entered into a contract with the Defendant for transfer or takeover of the instant member (hereinafter “instant contract”) with the Defendant, and the main contents of the instant contract entered into at the time are as follows.

The defendant (hereinafter referred to as "A") shall have the transferor D (hereinafter referred to as "B") take over all the business related to the hospital and enter into a contract as follows:

Article 1 [Subject Matter of Business Transfer] The object of business takeover shall also be all rights and obligations concerning the whole and all of the physical facilities related to the hospital business as of the base date of business takeover.

Article 2 [Reference Date for Acquisition] The reference date for acquisition shall be January 1, 2014.

Article 3 (Determination of Price of Transfer) The price of transfer shall be KRW 1,00,000,000,000,000 of the provisional appraised value of the object of transfer as well as the gold refund claim of the lease deposit of a building.

Article 11 [Special Provisions] In addition to the general provisions above, the following matters shall be prescribed as the special agreement, and if there is any conflict between the general matters and the special agreement, the special agreement shall be applied preferentially:

Attachment of the attached Table

1. Succession to employment (priority);

2. In the event that the items and quantities in the list of goods, appliances, and medicines in the hospital property hospital are different from those in the list, the fee shall be claimed from Section B in accordance with the list of preparation; and

3.Lease - The equipment and other articles in the hospital shall be provided in all amounts of lease and in all at the time of remainder of the outstanding amounts.

(If the lease remains even after the termination of the transaction, a claim may be made to B. - No succession to the lease after the takeover of the hospital shall be made.

(a) 6.0

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