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(영문) 서울고등법원 2016.04.14 2015나27684
재매입대금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. 1) The Plaintiff is a company running a facility leasing business, etc. as stipulated by the Specialized Credit Financial Business Act. The Defendants and co-defendants of the first instance trial on the Plaintiff as co-defendants of the first instance trial on B became final and conclusive. The Defendant is an individual entrepreneur specialized in the wholesale and retail business of medical devices, etc. The Defendant is a trade name “H”, Defendant C is a trade name “I”, and Defendant C is a trade name “J”, and the medical corporation D (hereinafter “the medical foundation of this case”) is a nonprofit medical corporation that establishes and operates a medical institution.

B. On April 19, 2013, the Plaintiff, including the conclusion of a lease contract between the Plaintiff and the instant medical foundation, was serving as a director of the instant medical foundation from March 7, 2013, when the Plaintiff was a lessee, user of the instant medical foundation, F, E, GF, and G, which were at the time of the establishment of the instant medical foundation. From March 7, 2013, E had served as a director of the instant medical foundation from March 7, 2013 to August 9, 2013, and from June 2, 2014, the Plaintiff is serving as a joint guarantor. The Plaintiff is currently serving as a director of the instant medical foundation from March 7, 2013 to June 2, 2014. Article 2 subparag. 10 of the Specialized Credit Finance Business Act, which the Plaintiff supplies the Defendants and B to the instant medical foundation (hereinafter collectively referred to as “facilities leased goods”), being divided into “facilities leased goods” as prescribed by Presidential Decree for a specific period of use.

(1) The term "lease Agreement" (hereinafter referred to as "Lease Agreement") shall be construed as "Lease Agreement."

The supply of the defendants.

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