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(영문) 서울북부지방법원 2017.05.30 2016가단140763
약정금
Text

1. As to KRW 7,918,190 and KRW 5,537,810 among them, the Defendant shall pay to the Plaintiff KRW 7,918,190 from September 24, 2016, and KRW 700,00.

Reasons

1. Facts of recognition;

A. On October 15, 2015, the Plaintiff leased the member-gu Seoul Building and 201, and operated the D Hospital at around that time (hereinafter “instant hospital”).

B. On March 3, 2016, the Plaintiff transferred to the Defendant the claim for the return of the lease deposit with respect to the instant hospital, renounced possession of the equipment, facilities, and real estate of the instant hospital, and entered into a contract with the Defendant to delegate all the powers pertaining to the transfer of the instant hospital (hereinafter “instant contract”), and the main contents are as follows.

The certificate of transfer of the right to claim the return of the lease deposit of the hospital (Evidence A 1): To transfer the right to claim the return of the lease deposit of the hospital of this case to KRW 100 million as follows:

The transferee: The letter of delegation on the waiver of possession and the right to transfer of the Defendant hospital (Evidence A 2): He waives possession of leased real estate, such as the equipment and facilities of the instant hospital, and delegates all of the rights to transfer to the hospital.

(Provided, however, the transferee of the radiation photographing device at the time of transfer: The transferee of the Plaintiff: the Defendant (resident registration number, address, contact number) and the Defendant (resident registration number, address, and contact number) have promised to pay and pay all of the following expenses arising in connection with the instant hospital, and the Plaintiff has no personal loan to the Plaintiff.

- Wages in arrears (excluding the president of a hospital and two directors, before and after approximately KRW 45 million) - Taxes and public charges (including the amount before and after approximately KRW 15 million for four insurance policies) - Amount of commercial accounts receivable and other termination charges and unpaid charges - Medical expenses (including private insurance) and charges - Rent of real estate in an unpaid hospital and management expenses (including unpaid for three months as of March 3, 2016) - Additional expenses incurred in the process mentioned above thereafter;

C. As of the date of closing argument of the instant case, the hospital of this case.

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