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(영문) 부산지방법원 2017.12.01 2016나55407
이행보증금반환
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff is an individual entrepreneur who engages in the business of supplying Cheong and food materials with the trade name of D. The Defendant is a person who operated the Fvalescent Hospital in Busan-gun E in order to discontinue the operation of the Fvalescent Hospital and operates the H Hospital in Busan-gun G.

B. On January 2015, the Defendant agreed to sell the Fvalescent Hospital to B, and prepared a sales contract of the Fvalescent Hospital (hereinafter “a hospital sales contract”) with the following terms and conditions.

Article 2 (Sales Contracts for Long-Term Care Hospitals) The Defendant and B enter into a sales contract for the land of H Hospital (only called a hospital) as listed in the attached list of property, and medical equipment, equipment, and fixtures within a hospital, which are a list of buildings and movable property, with the purchase price of eight billion won.

Article 4 (Methods of Payment or Settlement of Sales Price) The methods of payment or settlement of 8.5 billion won shall be as follows:

3. The sum of the business partners’ debts 1.7 billion won - the business partners’ debts 1.7 billion won in connection with the Defendant’s hospital operation is liable for B’s succession or acceptance by way of direct performance.

Article 5 (Timing of Payment or Settlement of Purchase Price) B shall settle the payment and settlement of the purchase price prescribed in Article 2 in sequence at the same time as the contract is concluded, but shall complete the performance by March 31, 2015.

Provided, That it may be adjusted through mutual consultation.

Article 8 (Management Responsibility, etc.)

1.B simultaneously with this contract, will be subject to the management, lease and accounting of the hospital B;

Article 9 (Liability to be Accepted) Any obligation of a bank, obligation of a customer, or funeral home which B is to take over at the same time as the contract is concluded, shall be settled by B as well as interest on bank obligation.

Article 10 (Liability for Employee's Benefits and Operating Expenses) The defendant shall be liable for employee's benefits and operating expenses of a hospital until B acquires the right of management.

C. On March 20, 2015, the Plaintiff entered into a contract with B, who is delegated by the Defendant with the operation of the hospital (hereinafter “instant supply contract”).

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