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(영문) 서울서부지방법원 2018.01.19 2016가단203240
퇴직금
Text

1. The primary Defendant B is KRW 79,501,369 and the interest rate of KRW 20% per annum from April 22, 2015 to the date of full payment.

Reasons

1. On April 6, 2015, Defendant B prepared a “contract for the acquisition or transfer of medical institutions” (hereinafter “instant transfer contract,” and “instant transfer contract”) with the representative G of the Defendant corporation, which provides that Defendant D, his spouse of the Defendant corporation, shall take over the instant hospital (hereinafter “H hospital”) from the Defendant corporation (hereinafter “instant transfer contract”). The main contents of the contract are as follows.

The transferor and transferee of this right shall agree and enter into a contract for acquisition or transfer of rights (facilities) as follows:

2.The transferor and the transferee of the right shall enter into a contract for the acquisition or transfer of the right as follows by agreement with respect to the above right (purpose) in accordance with Article 1 (Purpose) of the Terms and Conditions of the Contract:

(A) Total premium: KRW 600 million (b) intermediate payment: KRW 340 million (payment and receipt at the time of a contract): KRW 200 million (payment on April 23, 2015): The extent of transfer (e) within the extent of transfer (payment on June 1, 2015): Article 2 (Transfer of leased Articles) of the F Hospital facilities at the present time shall be delivered to the transferee by the day before the commencement of the lease contract, and the transferor shall remove all the matters impeding the exercise of the right of lease and deliver all all all the facilities and goodwill to the transferee at the same time as the contract and shall be transferred to the transferee by including all the facilities and goodwill so that the transferee may operate immediately.

except as otherwise provided in the agreement.

Article 3 (Reversion of Profits and Taxes) The reversion of profits and the burden of taxes, public charges, etc., generated with respect to the above real estate shall be based on the contract date of the above rights (facilities), and shall be reverted to the transferor until before the transfer, and to the transferee thereafter.

Provided, That the liability for payment and payment of local taxes shall be governed by the provisions of the Local Tax Act.

(b)

3. The office equipment, medical appliances, and medical equipment X-ray, brain wave testing devices owned by the transferor in the present condition of the facility;

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