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(영문) 서울고등법원 2015.10.15 2015나2016055
손해배상(기)
Text

1. The judgment of the court of first instance is modified as follows.

Defendant (Counterclaim Plaintiff) B and Defendant C shall be jointly and severally.

Reasons

1. This part of the judgment of this court is based on the reasoning of the judgment of the court of first instance, as stated in the main sentence of Article 420 of the Civil Procedure Act.

2. Demand for principal lawsuit:

A. The reasoning of the judgment on this part of the main claim against Defendant B is the same as that set forth in Article 420 of the Civil Procedure Act, since the reasoning of the judgment of the first instance is the same as that set forth in Article 3(a) of the reasoning of the judgment, except as follows.

【Supplementary part of the judgment of the court of first instance (Article 3-2(2) of the Reasons for the judgment of the court of first instance) shall be as follows.

(1) We examine whether the Plaintiff’s obligation to provide marketing and management support is fulfilled.

In addition to the statement in Gap evidence Nos. 5-1 through 8, the plaintiff appears to have fulfilled the duty of marketing and management support to the defendant B's hospital after the contract was concluded until Oct. 2012. The evidence submitted by the defendant B alone is insufficient to recognize the fact of failure of the plaintiff's obligation during the above period, and there is no other evidence to acknowledge it otherwise.

The defendant B's assertion on this part is without merit.

(2) We examine whether the Plaintiff’s removal of medical equipment without permission around March 2013.

Although there is no dispute between the parties that the Plaintiff took out the medical equipment leased to Defendant B at the Defendant B’s Operational Hospital around March 20, 2013, it is insufficient to recognize that the Plaintiff took out the medical equipment without Defendant B’s consent, the testimony of Party P alone is insufficient to recognize that the Plaintiff took out the medical equipment without Defendant B’s consent, and there is no other evidence to prove otherwise.

Furthermore, the instant contract separately provides for the loan of KRW 100 million (Article 5), the lease of medical equipment of the instant hospital (Article 7), the household appliances and computer expenses (Article 8), marketing and management support (Article 10). The payment period, amount, etc. of the obligation to pay expenses for each item are different, and Defendant B took place following the date when the aforementioned medical equipment was taken out.

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