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(영문) 인천지방법원 2020.10.23 2019나62447
양수금
Text

The judgment of the first instance shall be revoked.

The plaintiff's claim is dismissed.

All costs of litigation shall be borne by the plaintiff.

purport.

Reasons

1. Basic facts

A. On May 31, 2016, the Defendant, an oriental medical doctor, entered the sub-lease contract as of May 31, 2016, the amount of KRW 24 months during the sub-lease period, KRW 120,000, and entered as of May 31, 2016, with respect to the sub-lease E, F, G, and H (hereinafter “instant hospital”).

(hereinafter “instant sub-lease contract”). The said sub-lease contract contains the following special agreements (hereinafter “instant special agreement”).

The deposit shall be responsible for the sublessees.

Provided, That if the hospital is unable to operate within the above contract period, it is possible to resolve the case by cooperating with the I company instead of returning the bond.

B. On October 5, 2018, the Plaintiff entered into a contract with C to receive the claim for the repayment of KRW 120,000,000,000, which it had against the Defendant based on the instant sub-lease contract, and C notified the Defendant of the said assignment of the claim with the content certification of October 10, 2018, and reached the Defendant around that time.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, 2, Eul evidence 2, the purport of the whole pleadings

2. Summary of the parties' arguments

A. Plaintiff 1) The Defendant shall pay KRW 120,000,000 and delay damages therefor to the Plaintiff, the transferee of the right to return the sublease deposit (hereinafter “instant Claim 1”).

(2) On September 3, 2014, the Plaintiff received a subcontract for the artificial insemination work of the instant hospital from J Co., Ltd., and agreed that at the time the Defendant and other parties of the instant hospital are liable for the payment of the construction cost.

Therefore, the Defendant should pay the Plaintiff the construction cost of KRW 120,000,000 and damages for delay.

(hereinafter referred to as "section 2"). (b) It is an additional argument in the trial.

Defendant 1) Defendant 1 did not enter into a contract with C for construction work, and there was no obligation to pay the construction cost to C. Defendant from C.

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