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(영문) 광주지방법원 2014.11.06 2013가합9705
권리금 등
Text

1. The defendant against the plaintiff B:

(a) deliver medical image outputs listed in the separate sheet;

(b) 1,950,000 won;

Reasons

1. Basic facts

A. The defendant is the owner of the 7th floor E-ground building in Seongbuk-gu, Sungnam-gu (hereinafter "the building in this case"). The defendant was operating part of the building in this case (the underground first floor, the 1st floor, the 4th through the 7th floor) to the 2006 Friwon-gu (hereinafter "the hospital in this case"). The plaintiff's husband and the plaintiff's father B, and the deceased's father G, who were the father of the hospital in this case, worked as the vice president of the hospital in this case at the time the defendant operated the hospital in this case.

B. On November 22, 2006, G of the instant first lease agreement and the Defendant concluded a lease agreement with G to lease the instant hospital and medical devices, management rights, medical supplies, etc. necessary for the operation thereof. The term of lease is from January 1, 2007 to December 31, 201, and the deposit is set at KRW 200 million, and G succeeds to the employment of employees working at the instant hospital, and it agreed to pay KRW 15 million each month to the Defendant (hereinafter “the instant first lease agreement”).

C. On December 21, 201, when the term of the instant secondary lease agreement expires, G and the Defendant concluded the instant secondary lease agreement with the instant hospital from January 1, 2012 to December 31, 2016, with the period of lease fixed from January 1, 2012 to December 31, 2016. Conditions such as deposit, etc. excluding the tea, are the same as the instant primary lease contract, but G agreed to pay the Defendant a monthly amount of KRW 12 million (hereinafter “instant secondary lease”).

The grounds for termination of the agreement under the instant secondary lease agreement (1) G was an cancer from the time of the conclusion of the instant secondary lease agreement. Around April 2013, the health of the patient was deteriorated, making it difficult for the instant hospital to treat the patient any longer, and the Defendant temporarily conducted G at the instant hospital.

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