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(영문) 대전지방법원 2020.09.23 2019가합689
제3자이의
Text

1. On June 27, 2018, the original copy of the disbursement order with executory power of the Daejeon District Court Decision 2018Da10874 dated June 27, 2018.

Reasons

1. Basic facts

A. Agreement 1) B B between B and C is a general hospital in Seo-gu Daejeon, Seo-gu, Daejeon, from November 2012, 2012 (hereinafter “instant hospital”).

A) A person who held office as the head of the instant hospital and operated the instant hospital, obtained permission for change from the Daejeon Metropolitan City Mayor on March 31, 2015 with respect to the founder of the instant hospital, and obtained permission for change from B and F on the sole name of B on November 9, 2016. 2) A corporation that supplied medical devices to the instant hospital (hereinafter referred to as “C”) (hereinafter referred to as “C”) has deteriorated the financial status of the instant hospital, and (i) lent approximately KRW 3 billion from April 26, 2016 to June 10, 2016 to B for the purpose of operating the instant hospital, while (ii) between B and F on June 21, 2016, “B and F transfer the right to operate the instant hospital’s facilities and rights to operate the instant medical corporation to be newly established.”

B. On November 18, 2016, the Plaintiff and B entered into the instant contract with the Plaintiff, a person holding a doctor’s license as designated by C on November 18, 2016, including the following terms and conditions of the agreement before and after the exercise of the right to the completion of the contract. In this regard, the Plaintiff and B’s purchase of assets (this contract covers the agreement before and after the exercise of the right to the completion of the contract, and in this context, after exercising the right to the completion of the contract, the “property acquisition agreement” refers to:

(B) concluded. Article 2 (Subject Matter of Transfer) 1 B (B)

The subjects of this reservation shall be as follows:

1. Attached assets of Section B:

2. The rights and obligations under the following lease agreements concluded in connection with the E hospital by Eul:

3. Where Eul leases and uses the land and buildings of the E hospital, the status of lessee under a lease agreement with the land and buildings.

4. E hospital operating rights.

5. Rights related to the trade name of the E hospital.

6. Article 3 (Payment of Price for Transfer and Acquisition) (1) The price for transfer and acquisition of any tangible or intangible assets, such as facilities and equipment of the hospital, shall be one billion won.

VAT.

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