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(영문) 서울남부지방법원 2017.04.27 2016가합107784
보증금반환
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) against the Defendants are dismissed.

2. The plaintiff (Counterclaim defendant) shall be the opposing defendant.

Reasons

1. Basic facts

A. 1) The Plaintiff is a member of the D Medical Center (hereinafter “instant hospital”) operated by Defendant B from June 2013 to June 2013.

From October 8, 2013, while serving as the deputy president of the instant hospital, Defendant B transferred the instant hospital from Defendant B and operated it as the president. (ii) Defendant B was in office as the president of the instant hospital, and was operating E members since October 2013.

3) Defendant C served as the head of the headquarters of the instant hospital as the birth of Defendant B, and operated the Internet advertising business under the name of “F”, and conducted the Internet advertising business by proxy of the instant hospital and E. B. (B) On October 2, 2013, the Plaintiff entered into an all-inclusive transfer and takeover contract for the instant hospital with Defendant B and the instant hospital (hereinafter “instant all-inclusive transfer and takeover contract”).

According to the instant comprehensive transfer and takeover contract, Defendant B transferred the lease right and hospital facilities of the instant hospital, and the Plaintiff paid each of the KRW 20 million of the down payment of KRW 200 million until October 2, 2013, the remainder of KRW 160 million and KRW 180 million of the lease deposit, until October 7, 2013.

2) Accordingly, on October 2, 2013, the Plaintiff paid to Defendant B KRW 10 million out of the down payment, and on October 3, 2013, the remainder of KRW 10 million out of the down payment. On October 8, 2013, Defendant B paid the remainder of KRW 180 million, and Defendant B transferred the right to lease and hospital equipment of the instant hospital to the Plaintiff. Meanwhile, Article 2(1) of the instant comprehensive transfer and takeover contract provides that the instant universal transfer and takeover contract provides that the transferor shall have the mutual right to trade name [G] of the instant hospital (hereinafter “instant mutual right”).

4 At the time of the conclusion of the instant comprehensive transfer and takeover agreement, Defendant C provided the Plaintiff with advertising-related services, such as support for Blost advertising with respect to the instant hospital, and the Plaintiff.

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