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(영문) 대구지방법원 2020.10.21 2020나300563
약정금
Text

All appeals by the defendants are dismissed.

The costs of appeal shall be borne by the Defendants.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as stated in the corresponding part of the judgment of the court of first instance, except for the following parts which dismiss or add the contents, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil

2. On the third page 12 of the judgment of the court of first instance, the phrase “each description of evidence A 2 through 7” in the judgment of the court of first instance shall be deemed as follows: “each description of evidence A 2 through 8; the inquiry result of the fact inquiry conducted on July 13, 2020 against the Gyeongbuk-do Governor of this court; and the inquiry result of the fact inquiry conducted on the Director of the National Medical Center of this Court.”

Part 3 of the judgment of the court of first instance is 13 as follows: "each description of No. 1 through No. 4" is "each description of No. 1 through No. 6."

In the fourth and fourth proceedings of the first instance judgment, the “after the conclusion of pleadings” is deemed to be “after the closing of pleadings in the first instance trial.”

3. The addition of the portion in the judgment of the court of first instance shall include the following: 4 pages 14 and 15:

"No.4) It appears that the first-aid vehicle (E) taken over by Defendant B from the Plaintiff had transported emergency patients several times within the area outside the business territory of the Plaintiff’s headquarters at the time of the Plaintiff’s business operation. However, this appears not to have been controlled by the Plaintiff. The administrative disposition and corrective order that the head office received from the Gyeongbuk-do constitutes a violation of Article 51(3) of the Emergency Medical Service Act regarding the permission to change emergency patient transport business under Article 51(3) of the Emergency Medical Service Act and the permission to change the information storage of equipment such as first-aid vehicles under Article 47(2) of the same Act, which are submitted by the Defendants at the first instance trial. It does not constitute a violation of the business territory claimed by the Defendants.

4. In conclusion, the plaintiff's claim of this case shall be accepted within the scope of the above recognition, and the remaining claims shall be dismissed as it is without merit. The judgment of the court of first instance is just in conclusion. Thus, the defendants' appeal is dismissed. It is so decided as per Disposition.

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