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(영문) 전주지방법원 2016.08.05 2015가단31010
용역비
Text

1. The Defendant shall pay the Plaintiff KRW 200,000,000 and the interest rate of KRW 15% per annum from October 16, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. On June 13, 2014, the Defendant owned each of the real estate listed in the separate sheet, and operated the D Hospital located in the Jeonju-gun (hereinafter “instant hospital”), and entered into a hospital consulting service agreement (hereinafter “instant service agreement”) with Nonparty E (hereinafter “instant service agreement”) with which services concerning the transfer of the instant hospital, including vehicles and medical devices, including the real estate listed in the separate sheet, on the introduction of Nonparty E.

B. At the time of the instant service contract, the transfer request amount of the instant hospital was KRW 3,000,000,000, and the amount in excess was agreed to be paid by the Defendant to the Plaintiff with the consulting service fee.

C. On April 2, 2015, the Plaintiff introduced Nonparty F to the Defendant. On the part of Nonparty F and the Defendant entered into a contract with Nonparty F to transfer the whole of the instant hospital to KRW 3,200,000,000, including real estate listed in the separate sheet (However, at the time, KRW 2,100,000,000 was decided to substitute for the acceptance of the obligation), the Defendant agreed to cooperate with the Defendant in the process of establishing the Medical Foundation so that F may take over the hospital. Under the instant service contract, the Defendant received KRW 200,000 from F as the down payment on the day of the contract, and received KRW 300,000,000 from F as the intermediate payment on April 30, 2015, and received KRW 600,000,000 from June 30, 2015.

The F commenced business at the instant hospital after the payment of the remainder, and established G, and the Defendant transferred the instant hospital to a medical corporation the registration of transfer of ownership based on the investment on August 5, 2015, which was received by the Jeonju District Court No. 98445, Aug. 5, 2015, as to the real estate stated in [Attachment List No. 1 and 2], and the Defendant completed the registration of transfer of ownership based on the investment on August 4, 2015. The Defendant transferred the instant hospital to F with the Jeonju District Court No. 98444, Aug. 5, 2015, as to the real estate stated in [Attachment List No. 3 and 4], which was received on August 4, 2015.

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