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(영문) 수원지방법원안산지원 2015.10.15 2014가합3396
임금 등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff operated the “D Hospital” located in Ansan-si, Ansan-si, and the Defendant operated the “F Hospital” located in the E in the Ma in the ethic City.

B. On July 2013, the Plaintiff and the Defendant agreed to operate the D Hospital’s operating business and the F Hospital’s operating business through the introduction of G around July 2013.

(hereinafter “instant exchange contract”). The Plaintiff and the Defendant drafted, instead of preparing the exchange contract regarding the instant exchange contract, a transfer contract for D Hospital on August 5, 2013, and a transfer contract for F Hospital on December 4, 2013, respectively, and transferred the right to operate each business at the time of the preparation of the said transfer contract.

The contents of each of the above transfer contracts are as follows:

When transferring and taking over all rights and obligations concerning the medical business of the D Hospital located outside the common sense of Ansan-gu, the Simsan-si, the Simsan-si, the Simsan-si (hereinafter referred to as the "Director") to the defendant (hereinafter referred to as the "B") who has an address in the Gyeonggi-si, the contract is concluded in accordance with the principle of trust and good faith as follows.

-Article 1 (Purpose) of this Agreement is to transfer to B the following rights and obligations with respect to the medical business of the D Hospital operated by A:

Article 2 (Succession to Business) A approves the use of the records (te.g.) of patients who treated in the operation of the above D Hospital as they are while operating the D Hospital, and agrees to change the B's trade name as necessary.

Article 3 (Reference Date for Transfer or Acquisition of Assets and Liabilities, and Transfer or Acquisition of Assets) (Reference Date) shall not acquire the assets and liabilities of A before the contract after the conclusion of the contract.

Article 4 (Payment Method of Price) The payment shall be substituted by the "Real Estate Lease Contract (Medical Facilities)" prepared on the same day as the main contract date.

Article 5 (Duty of Cooperation) In order to ensure that this Agreement is fulfilled in good faith, Gap and Eul shall make their best efforts and cooperate, and matters concerning the transfer and takeover of hospital other than this Agreement shall be determined by mutual agreement.

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