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(영문) 대전지방법원 2016.05.12 2014가단230860
부당이득반환청구 등
Text

1. The Defendant’s KRW 9,581,38 as well as the Plaintiff’s annual rate of 5% from October 21, 2014 to May 12, 2016, and the following.

Reasons

1. Basic facts

A. On April 17, 2014, the Plaintiff entered into a contract for the transfer and acquisition of the instant hospital (hereinafter “instant transfer and acquisition agreement”) with the Defendant to comprehensively take over all of the medical equipment and installation equipment and succeed to the instant hospital’s lease contract with respect to the first, second, third, and fourth underground hospitals located in Nam-gu Incheon Metropolitan City (hereinafter “instant hospital”) from the Defendant as follows (hereinafter “instant transfer and acquisition agreement”).

Article 2(1) of the instant hospital’s transfer and acquisition amount of the instant hospital is 280,00,000,000 and 580,000,000,000 and 300,000,000,000 and 20,000,000,000 in total, and 620,000,000 for the instant hospital’s lease amount is 30,000,000 and 12,00,000 for the instant hospital’s lease amount is 20,000,000 for the instant hospital’s lease contract (including additional tax), and the Defendant shall conclude a new lease contract with the same building owner for the remainder of three years, respectively.

4) The unpaid amount of the instant hospital (such as wages, retirement allowances, rents, public imposts, etc.) is to provide the Plaintiff with the unpaid interest at the time of intermediate payment, and settle the balance at the time of payment. In addition, employees’ retirement allowances shall be succeeded to the Defendant for at least one year, and the Plaintiff for less than one year. The employees’ retirement allowances shall also be succeeded to the remainder including the remainder of KRW 140,000,000, including the down payment of KRW 620,000,000, including the down payment of KRW 620,000,000,000, 1000,000 underground singing, including the remainder of the payment of the lease deposit at the time of the contract under Article 3 (Payment of Security Deposit and Payment of Transfer Deposit) and the transfer deposit at the time of the settlement on April 30, 200, 200, 1000, 300,000 Promissory notes No. 10,0000, 3010.

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