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(영문) 대구지방법원 2014.10.07 2014가합1045
손해배상(기)
Text

1. The Defendants are 5% per annum from June 8, 2013 to October 7, 2014, respectively, to each Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff was the owner of the E Hospital located in Daegu-gu, Daegu-gu (hereinafter “instant hospital”). On June 1, 201, the Plaintiff leased the instant hospital building to F during the period from June 1, 201 to May 31, 201, with the lease deposit of KRW 300,000,000, monthly rent of KRW 25,000,000, monthly rent of equipment, and the period of lease of KRW 20,00,000, monthly rent of equipment, from June 1, 201 to May 31, 2016.

B. On December 5, 2012, Defendant B acquired ownership by winning a successful bid for the instant hospital building in the Daegu District Court G real estate auction procedure.

C. Meanwhile, around April 2013, Defendant B entered into an agreement with F to offset the F’s rent from December 5, 2012 to May 31, 2013, to acquire the entirety right to equipment, such as medical facilities owned by F in the instant hospital, and the right to operate the instant hospital in the premium of KRW 400 million.

After that, on May 31, 2013, Defendant B leased the instant hospital building and equipment owned by the Plaintiff to Defendant C, and on the same day, Defendant C changed the establishment of the medical institution and operated the hospital from June 1, 2013.

E. On the other hand, on June 7, 2013, the Plaintiff sold to H all the equipment owned by the Plaintiff within the instant hospital (limited to the entirety of equipment and appliances except for women, women, and medical technicians, who were owned by F). H sold the equipment and appliances purchased from the Plaintiff to Defendant B on June 10, 2013.

[Ground of recognition] Facts without dispute, Gap evidence 1, 5, Eul evidence 2, 4, 6, Eul evidence 1 to 2 (including provisional number), the purport of the whole pleadings

2. Determination as to the claim for damages

A. The Plaintiff’s assertion that “Defendant B acquired the right to operate the instant hospital from F and sub-leases the instant hospital to Defendant C, thereby jointly taking over the right to claim reimbursement of beneficial expenses for the interior of the Plaintiff’s facilities, ② the right to receive premiums by transferring the right to equipment and the right to a patient with financial resources in a normal manner, and ③ the indirect possessor of the E hospital.

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