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(영문) 인천지방법원 2020.04.10 2019가합59126
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. On August 22, 2013, the gist of the cause of the claim (hereinafter “instant hospital”) obtained permission to establish the Evalescent (hereinafter “instant hospital”) from the second and third floors of the commercial building located in Gyeyang-gu Incheon, Gyeyang-gu, Incheon, under the name of the Plaintiff A, and operated the said hospital.

On May 8, 2014, the Defendant agreed on May 8, 2014 through agent F to accept all the obligations that the Plaintiffs incurred while operating the instant hospital, but did not fulfill the obligation to accept.

Therefore, the defendant is obligated to pay to the plaintiffs the amount equivalent to the actual and conclusive damages stated in the purport of the claim caused by the defendant's default of acceptance obligation.

2. First of all, we examine whether the Defendant agreed to accept the obligation of the Plaintiffs’ assertion.

According to the evidence No. 9 (Written Agreement), the fact that the Plaintiff and F made an agreement angle as follows (hereinafter “instant agreement angle”) on May 8, 2014 is recognized.

A: The F Agreement between A and B is agreed on May 8, 2014 with respect to the closure of the hospital of this case on the 3rd floor of Gyeyang-gu Incheon, Gyeyang-gu, Incheon.

(A) A) The agreement shall be reached on June 2014 to transfer the claims and obligations arising from the operation of the said hospital to F and to pay the claims and obligations of A while managing and operating the instant hospital.

In addition, May 8, 2014, the report of closure is made to the Incheon Gyeyang Public Health Center, and the date of closure is May 15.

On May 8, 2014: A(Signature) : F (Signature), however, as alleged by the plaintiffs, F, as to whether the defendant is a party to the instant agreement by preparing the instant agreement on behalf of the defendant, and considering the overall purport of the pleadings as to whether the defendant is a party to the instant agreement, the following circumstances, i.e., the defendant did not grant F the right to prepare the instant agreement, and as seen earlier, the said agreement is rejected.

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