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(영문) 대구지방법원 2019.01.31 2017가합206780
양도이행청구
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff and D Co., Ltd. (hereinafter “D”). The Defendant and F Co., Ltd. (hereinafter “F”) are both companies incorporated for the purpose of collecting, transporting, and disposing of medical wastes.

B. D entered into a contract with C Medical Center (hereinafter “C Medical Center”) on February 28, 2013 and February 28, 2015, and each of them entered into a contract for medical waste treatment entrusted. From March 1, 2013 to February 28, 2017, C Medical Center performed medical waste treatment business.

C. Even after the expiration of the above period, Cmedical personnel tried to entrust the Plaintiff, who is a related company D with the medical waste disposal business, but did not reach an agreement on the service cost with the Plaintiff.

After all, the CMedical Center entered into a medical waste disposal service contract with the defendant around March 2017, setting the period from April 1, 2017 to March 31, 2019.

Accordingly, from April 1, 2017, the defendant performed the C Medical Waste Treatment Business from C Medical Center.

Article 1 (Matters to be Observed)

1. The term “medical wastes” means medical wastes which are not treated in F, on condition that they are incinerated and treated in D;

2. Pursuant to Article 1(1), Cmedical Center shall be transferred to the Plaintiff with the Defendant’s guarantee under Article 1(1).

3. The Defendant promises to transfer to the Plaintiff all the rights to the medical waste treatment service contract concluded with Cmedical Center.

Article 2 (Term of Contract) The term of contract shall be from August 1, 2017 to March 31, 2019.

Article 3 (Matters to be Observed)

1. By July 10, 2017, the Defendant transferred to the Plaintiff all rights to the C Medical Center’s license agreement, and the Plaintiff is transferred all rights to C Medical Center’s license agreement on the C Medical Center’s license agreement from the Defendant on the same day and the same day on the same day.

Provided, That the plaintiff shall collect, transport, and dispose of them from the period of contract under Article 2.

2. If the Plaintiff cannot receive a transfer from the Defendant of the right to medical treatment and waste disposal services due to any circumstance, the Defendant.

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