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(영문) 인천지방법원 2019.08.22 2017가단34799
검사대금
Text

1. The Defendant’s KRW 53,229,920 as well as the Plaintiff’s KRW 15% per annum from September 14, 2017 to May 31, 2019.

Reasons

1. Basic facts

A. The Plaintiff as a non-profit medical corporation is a non-profit medical corporation that performs duties such as health and medical research and clinical tests, and D is an employee of the Plaintiff, who is in charge of the business of Daegu and the Gu-U.S. area and the management of existing customers. The Defendant was operating the hospital in the name of “F Hospital” in the Gu-U.S. City E.

B. From November 2014 to December 2016, the Plaintiff conducted a physical examination, such as the examination of skins, urines, tissues, etc., as requested by the Defendant, and was not paid KRW 53,229,920, out of the examination fees by the Defendant (hereinafter “instant inspection fees”).

C. Around November 2016, Defendant (B) and B (A) drafted an agreement with the following contents.

Article 1 (Transfer of Medical Equipment, etc.) (1) B shall transfer to A all goods, such as medical equipment, medical appliances, expendable goods, furnitures, and kitchen equipment, etc. for KRW 100 million.

Article 2 (Succession to Obligations, etc.) (1) A shall succeed to KRW 150 million out of the liabilities under commercial transactions in B.

② In relation to the above debt succession, B shall notify A of the specific contents, such as the above debt company and amount, and the method of repayment of the above debt shall be determined after consultation with A and B on the terms and conditions of installment payment.

On January 4, 2017 between the Defendant and B, a written agreement (hereinafter “instant agreement”) with respect to the assumption of the obligation of the instant inspection price (hereinafter “instant assumption of obligation”) was formulated as follows. At the time D, the name was written in the column of the Plaintiff’s representative at the bottom of the instant agreement, and the signature was written.

1. B succeeds to the obligations owed to the external inspection expenses, etc. currently in the F Hospital, and B acquires the Defendant’s obligations owed to the Plaintiff in KRW 53,229,920 as of the effective date of this Agreement, and the Plaintiff consents thereto.

2. Detailed matters concerning the repayment of the obligation after the above assumption of the obligation is made shall be determined through consultation between B and the Plaintiff.

A period of three months shall be Saz.

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