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(영문) 서울중앙지방법원 2021.01.13 2020나710
계약금 반환 청구 등
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

The purport and purport of the appeal

1. The purport of the claim;

Reasons

1. Basic facts

A. On December 31, 2013, the Plaintiff established and operated a dental clinic with the name of H dental clinic located in Gwangju-si D, and changed the trade name to “E dental clinic” to operate the dental clinic in connection with the non-party I cooperative. The Plaintiff treated the Plaintiff and the members of the said association as well as the general public.

B. On November 30, 2017, the Defendant held an inaugural general meeting to establish and operate joint-use facilities necessary for medical welfare activities, such as dental business offices. The Plaintiff, a joint representative of promoters, entrusted the Speaker pro tempore to the general meeting, and elected Nonparty C as the president and seven directors including the Plaintiff.

The defendant held a board of directors on March 19, 2018 and operated by the plaintiff for the operation of dental business places.

E dental clinic (hereinafter “the instant dental clinic”) established a policy to take over the instant dental clinic.

The defendant obtained authorization for the establishment from the Ministry of Health and Welfare on April 5, 2018.

(c)

On April 9, 2018, the Plaintiff entered into a contract with the Defendant to transfer the instant dental license to the Defendant (hereinafter “instant transfer contract”). The main content of the instant transfer contract is as follows.

Transfer and takeover contract Gap (referring to the plaintiff)

In the comprehensive transfer and acquisition of all rights and obligations with respect to the business of the E dental clinic located in the area (Gu) of the Republic of Korea (Gu) over which the Plaintiff operated, the contract is concluded as follows.

Article 1 (Purpose) This Agreement refers to the Defendant (hereinafter referred to as the “Defendant”) with respect to all rights and obligations relating to the business of the EE dental clinic operated by the Plaintiff.

A comprehensive transfer is made to the Defendant (hereinafter referred to as “Defendant”).

As of the date of the transfer of the business under Article 2 (Succession to Business), all the transaction partners in transactions with the Plaintiff shall guarantee continuous transactions by the Defendant, and the Plaintiff may not establish the same member in the Mineyang City before the principal member belongs to the Plaintiff for the next five years.

Article 3 (Transfer and Acquisition by Transfer.)

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