logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산고등법원 2014.10.28 2014나3443
약정금
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. The reasoning for the court's explanation of this case is as follows: "Defendant medical corporation B (hereinafter only referred to as "Defendant corporation")" in Part 5 of the first instance court's decision No. 420 of the first instance court's decision shall be changed to "B"; "Defendant corporation" in Part 6 of the same part shall be changed to "B"; and the defendant corporation shall be changed to "B" in the second instance court's decision, and the defendants' additional supplementary arguments shall be the same as the part of the reasoning for the first instance court's decision, except for those determined in the second instance court's decision

2. Additional matters to be determined;

A. The Defendants asserted that the instant contract is null and void with the purport of transferring the F’s operating rights to be concluded between the Plaintiff and Defendant C based on the following contents. Since the joint and several guarantee agreement between Defendant D and E based on such agreement is also null and void, the Defendants asserted that the Plaintiff did not bear any obligation against the Plaintiff under the instant contract.

1) Since the Incorporated Foundation is a property returned to the society, it is not subject to sale between private persons, and even if a contract is concluded under the pretext of transferring the operating right of the Incorporated Foundation, if the substance of the Incorporated Foundation is an act of causing an accident to the Incorporated Foundation, such contract shall be deemed null and void. Even if a medical corporation is established before it establishes a medical institution, a contract that the founder or operator of the Incorporated Foundation intends to transfer the operating right of the Incorporated Foundation to a third party is null and void in violation of the legal principles of the Incorporated Foundation as seen earlier.

Even if a medical corporation is not qualified to establish a medical institution, the agreement on the transfer and acquisition of the right to operate the medical corporation concluded for the purpose of establishing the medical institution is null and void.

B. Determination 1) concluded a contract to transfer or acquire the right of operation of an incorporated foundation, unless there is an express decision by the legislators that prohibit the contract to transfer or take over the right of operation of the incorporated foundation as to the claim of the foregoing 1).

(b)if any;

arrow