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(영문) 의정부지방법원 2019.05.22 2018가합906
손해배상(기)
Text

1. Defendant B’s KRW 4,316,598 as well as 5% per annum from August 4, 2018 to May 22, 2019 as to the Plaintiff.

Reasons

1. Facts of recognition;

A. On November 29, 2017, the Plaintiff entered into a sales contract with Defendant B to purchase each land and sanatorium building (referring to each of the above land and buildings; hereinafter “instant medical care center”) for KRW 1.4 billion (hereinafter “instant sales contract”).

B. On the same day, the Plaintiff entered into a separate contract with Defendant B to acquire the instant medical care center KRW 310 million premium (hereinafter “instant contract for the transfer of rights”). The main contents of the special agreement attached to the instant contract are as follows.

[Article 1] The transferor “A” and the transferee “B”

[Article 2] The total number of persons to be taken over from the present contract date: The number of persons to be taken over (49) and the number of persons to be taken over (40) shall be recognized by both parties.

Provided, That where the scope of recognition is exceeded or insufficient, five million won per person shall be calculated.

The reduction of personnel shall be based on the admission to and discharge from other institutions, and inevitable reduction of personnel, such as natural death, shall be excluded.

[Article 5] The transferor shall disclose all operational data in accordance with the principle of good faith, and the transferor shall jointly work under mutual agreement.

Joint work period: 10 days from the date of trade balance.

[Article 8] A shall submit documents related to the closure of business to the Agency after the contract, and shall submit documents related to the facilities after the balance to the Agency.

In addition, all documents on the original operation remaining as computer documents are handed over to B.

[Article 9] A and B are obliged to maintain confidentiality as to the content of the contract and the existence or non-existence of the contract to any person other than a lineal family member immediately after this contract is made. If damage is incurred due to outflow of confidentiality, all liability for such damage shall be compensated.

[Article 11] A contract for the present condition of the facility is a contract for the present condition of the facility, and the transfer and transferee shall consult about the removal and siren.

In addition, the transferee's cell phone is the facility.

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