beta
(영문) 광주지방법원 2017.09.08 2016가단511776

대여금

Text

1. The Plaintiff and Defendant F Co., Ltd. are 141,750,000 won and Defendant F Co., Ltd. are jointly and severally with Defendant F Co., Ltd.

Reasons

1. Basic facts

A. The status of the parties and the conclusion of a partnership agreement; 1) Defendant B, C, D, and E are H Hospital located in Gwangju-gu G (hereinafter “instant hospital”).

(2) Defendant B, C, and D have operated the instant hospital together from November 201 to January 201, 201, and Defendant E participated in the operation of the instant hospital around January 2015.

3) Defendant B, C, and D entered into a partnership agreement on December 13, 201, 201, December 16, 2013, and December 16, 2014, on three occasions, on December 12, 2014. The content of the agreement is that the Defendants invested KRW 500 million in each of 50 million and invested in 1/3 shares, and one of the partners is responsible for the overall duties of the president, and the president was responsible for the overall duties of the hospital, and Defendant E recognized the existing partnership agreement and participated in the partnership business relationship for the joint operation of the hospital. 4) Defendant C was the representative director of the instant hospital from November 201 to October 2014. From November 2014, Defendant B performed the overall activities of Defendant B as the representative of the hospital.

5) Defendant B, C, and D are Defendant F Co., Ltd. (hereinafter “Defendant Company”) in accordance with the above business agreement.

(2) The Plaintiff transferred KRW 5,00,000,000 to the business account of the instant hospital in the name of Defendant B and C for the use of hospital operating funds, and KRW 30,00,00 on September 13, 2013 to the business account of the instant hospital in the name of Defendant B and C, at the request of the president of the instant hospital, as a major shareholder of the instant hospital, J and K, who was the major shareholder of the Defendant company, and became the shareholder of the Defendant company.

(A) Defendant B, C, and D used the money transferred by the Plaintiff as the operating fund of the instant hospital. (C) No. 1) The Plaintiff served as the head of the administrative office of the instant hospital.