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(영문) 부산지방법원 2017.02.16 2016가합46171
채무부존재확인
Text

1. The Plaintiff did not have any obligation of KRW 410,00,000 as stated in the separate sheet against the Defendants.

Reasons

1. Facts of recognition;

A. D Medical Corporations E (hereinafter “E”)’s process of taking over the right to operate medical corporations 1) Medical Corporations F (hereinafter “F”)

) The H Hospital located in Youngcheon-si G (Gu I Hospital; hereinafter “instant hospital”)

A) On April 14, 2011, while operating the instant hospital, J, which was a director with F’s power of representation (hereinafter “president”), proposed the acquisition of the instant hospital to D who was involved in the operation of the instant restaurant, and entered into an agreement on the transfer of the instant hospital with D around April 14, 201.

D from that time, according to an agreement with J, a significant portion of the operating expenses of the instant hospital was borne in the form of investments.

3) Since doctors or medical corporations under the Medical Service Act cannot establish and operate medical institutions, D, who are not doctors, was bound to take over the instant hospital on the ground of a medical corporation, and D, upon taking over the right to operate the instant hospital around April 20, 201, was appointed to the president of E. B. B. Since J and D had difficulties in taking over the instant hospital due to administrative restrictions on the F inferior financial structure, disposal of basic property of non-profit corporations, etc., they planned to proceed with the instant hospital transfer in the rehabilitation procedure under the Debtor Rehabilitation and Bankruptcy Act.

2) On May 4, 2011, the F filed an application for rehabilitation with the Daegu District Court 201 Gohap17, and on June 14, 201, upon receipt of a decision to commence rehabilitation procedures and appoint a custodian (J) from the above court, and subsequently, conducted the asset sale procedure with the permission of the rehabilitation court. 3) On October 19, 201, E presented the bid amount of KRW 6.3 billion in the open bid for the sale of the “F’s business assets and major assets (collective succession to related liabilities), including the instant hospital,” implemented in the instant rehabilitation procedure on October 19, 201, and was selected as a priority negotiation subject to priority negotiation. The F’s custodian J and the sales amount on October 21, 201 after the sales negotiation.

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