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(영문) 의정부지방법원 2017.09.15 2016가단20732
손해배상 등
Text

1. The Defendant: (a) KRW 2,800,000 for the Plaintiff and 5% per annum from August 2, 2016 to September 15, 2017.

Reasons

1. Basic facts

A. On November 14, 2014, the Defendant entered into a transfer contract with the Plaintiff on November 6, 2015 with respect to the instant medical center (hereinafter “instant transfer contract”) as indicated in the following sales contract while operating the institute for caregiver education and the “E Medical Care Center” (hereinafter “the instant medical center”).

Article 1 (Purpose): The seller shall sell the medical care center in this case owned by him to the buyer, and the buyer shall purchase it.

Article 2 (Sales Price): Sales price shall be ten million won per annum and shall be paid as follows:

Down payment: The payment shall be made on November 6, 2015 and received. The payment shall be made on November 30, 2015, and the payment shall be made on November 30, 2015, and the transfer of the name shall be made on November 30, 2015.

Article 6 (Cancellation of Contracts)(2) If one of the parties neglects to perform this Agreement in violation of this Agreement, the other party shall set a grace period of one week and notify the other party of the performance, and if one party fails to perform it within the highest time limit, the other party may rescind the contract. 3) The seller shall cooperate with the guidance upon request for a period of one year, since the buyer is well aware of the circumstances of the home center.

4) A contract shall be null and void if the pre-transfer beneficiary’s medical care center for the pre-transfer beneficiary becomes aware of the transfer. If one party cancels the contract under Article 7(2), the other party shall pay an amount equivalent to the down payment as damages.

Article 8: A seller shall carry out a medical care center in the name of the purchaser as at the time of transfer of the existing medical care education center, and the seller shall actively recommend a caregiver to the medical care center.

B. After the Defendant entered into the instant transfer contract, on November 1, 2015, the Defendant leased the F and 3 floors Seoul Jung-gu Seoul, Seoul, and moved the institute for caregiver education and the facilities of the instant medical care center.

C. After December 15, 2015, the Plaintiff has three floors F and C with the Seoul Jung-gu Seoul Central Government Office around December 15, 2015.

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