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(영문) 대전지방법원 2020.09.23 2019가합672
제3자이의
Text

1. The original copy of a payment order with executory power of 2017 tea7030 dated December 12, 2017, issued by the Defendant against Daejeon District Court against C.

Reasons

1. Basic facts

A. Agreement 1 between C and D 1) C is an F Hospital, a general hospital, in Seo-gu, Daejeon from November 2012 to Daejeon (hereinafter “instant hospital”).

A) A person who has held office as the head of the instant hospital and operated the instant hospital, and obtained permission for change from the Daejeon Metropolitan City Mayor on March 31, 2015, with respect to the founder of the instant hospital, from the Daejeon Metropolitan City Mayor, to the sole name of C on November 9, 2016. 2) A corporation that supplied medical devices to the instant hospital (hereinafter “D”) has deteriorated the financial status of the instant hospital, and as a result, C loaned approximately KRW 3 billion to C for the purpose of operating the instant hospital from April 26, 2016 to June 10, 2016, and as C and G transferred the right to operate the instant hospital’s facilities and rights to operate the instant hospital to a subsequent medical corporation.

B. On November 18, 2016, the Plaintiff and C entered into the instant contract with the Plaintiff, a person holding a license for acquisition of assets, which was designated by D on November 18, 2016, includes the following terms and conditions: (a) the agreement is entered into before and after the exercise of the right for completion of the reservation; and (b) the agreement is entered into after the exercise of the right for completion of the reservation is called “property acquisition by transfer” and “property acquisition by transfer”.

(C) Article 2 (Subject Matters of Transfer), Section 2 (Subject Matters of Transfer), Section B (C).

(ii)the holder A of the reservation right (referring to the Plaintiff);

The subject matter for which transfer has been promised shall be as follows:

1. Attached assets of Section B:

2. The rights and obligations under the following lease agreements concluded in connection with BF hospitals:

3. Where B leases and uses the land and buildings of the F Hospital, the status of lessee under a lease agreement with the relevant land and building;

4. Operating rights of the F Hospital;

5. Rights related to the trade name of the F Hospital;

6. Other tangible and intangible assets such as facilities and equipment of the F Hospital, Article 3 (Payment of Price for Transfer and Acquisition) (1) The price for transfer and acquisition of this reservation shall be one billion won.

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