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(영문) 울산지방법원 2014.09.17 2013가합1897
구상금 등
Text

1. The Defendants: KRW 63,603,489 for each Plaintiff and KRW 5% per annum from January 29, 2013 to September 17, 2014.

Reasons

1. Facts of recognition;

A. (1) On June 1, 2010, the Plaintiff entered into a hospital transfer agreement with Defendant B (hereinafter “instant transfer agreement”) with the operation of the E Hospital located in Ulsan-gu, Ulsan-gu (hereinafter “instant hospital”). Defendant C guaranteed Defendant B’s obligation under the instant transfer agreement.

The transferee of the contract of transfer: The guarantor of the transferee of the defendant B: the transferee of the defendant B: the transferor of the defendant C had been operated by the Eul Hospital located in Nam-gu, Ulsan Metropolitan City up to now, but the transferor has transferred all the debts (a weak value, employee's wages, and other taxes) required for the mortgage loan, bank credit loan, and hospital management in the name of the transferor at this date, and the transferee shall take over it.

2. 1) Temporary repayment period of 144,00,000 won in respect of obligations of one bank shall be the period of 144,000,000 won in consultation with the National Agricultural Cooperative. 2) By July 29, 2010, it shall be repaid from the National Agricultural Cooperative at its own expense in consultation with the National Agricultural Cooperative.

3) If all of the above paragraphs are not satisfied, the assignee refers to the assignee’s full acceptance of the above obligation, and as security the assignee will draw up a separate notarial deed of execution. 4) The assignee will undertake the overlapping obligation of the transferor and the assignee.

3. 1) The transferee shall also be liable for all employees’ benefits and retirement allowances. 2) The transferee shall also be liable for the unpaid amount of national taxes, local taxes, unpaid amount of insurance proceeds, and additional charges and expenses for disposition on default incurred therefrom, 4) the unpaid amount of public utility charges, such as water taxes, electricity taxes, urban gas, etc., and additional charges and expenses for disposition on default incurred from the management and operation of the hospital. 5) Other liabilities for the management and operation of the hospital, such as penalties and fines related to the operation of the hospital, unpaid amount of vehicle maintenance management expenses, etc. (2) The Plaintiff shall also be liable for the instant transfer contract concluded with the Defendant B.

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