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1. The Defendant’s KRW 40,000,000 as well as 5% per annum from October 13, 2016 to May 15, 2018 to the Plaintiff.
Reasons
1. Basic facts
A. In around 2011, the Plaintiff entered into a lease agreement with C Co., Ltd. (hereinafter “C”) on the fifteenth floor of the 15th floor of the D Building in Busan, Jin-gu, Busan (hereinafter “instant building”) with a rental deposit of KRW 40,000,000, monthly rent of KRW 4,000,000, and the lease period of KRW 14,000, and from December 14, 2011 to December 13, 2016, and operated the so-called “G dental hospital” from around 2014, with a trade name “G dental department.”
B. Around March 2016, F had the Plaintiff closed down the foregoing G dental department on March 25, 2016, by receiving a person from an investigative agency regarding the suspected violation of the Medical Service Act.
C. On March 28, 2016, in order to succeed to a lease agreement on the instant building, the Defendant drafted a lease agreement with the lessor C on March 28, 201, stating that “this contract was signed and sealed by the Defendant (Article 10(4)) on November 1, 201, on the following grounds: (a) the content and period of the contract with the Plaintiff on November 1, 201, and all rights and obligations, such as deposit money, were succeeded to by the contractor E ( December 15, 2014) by the policyholder E; and (b) the Defendant’s succession (Article 10(4)) on March 28, 2016.
The Defendant is currently operating a dental hospital in the name of “H department” in the instant building.
[Ground of recognition] Facts without dispute, Gap evidence 2 and 5, Gap evidence 6-2, witness F's testimony, purport of whole pleadings
2. The Plaintiff’s assertion that the Defendant agreed to take over G values from the Plaintiff, and that the Plaintiff shall pay the Plaintiff KRW 50,000,000,000, in total, KRW 100,000,00 for all facilities, such as medical appliances, facilities, and equipment within the hospital, etc., as the price for taking over the instant building, the Plaintiff shall seek payment of KRW 50,000,000,00 for the said agreed amount.
3. We examine the following circumstances, namely, the Plaintiff’s suspicion of violation of the Medical Service Act, which can be acknowledged by comprehensively taking account of the facts of the above recognition, Gap’s evidence Nos. 2 and 5, Gap evidence Nos. 6-2, and witness F’s testimony into account.