손해배상(기)
The defendant's appeal is dismissed.
Expenses for appeal shall be borne by the defendant.
Purport of claim and appeal
1. Purport of the claim.
The reasoning of the judgment of the court of first instance cited by the court of this case is as follows, except where the defendant added the following judgments as to the assertion emphasized by this court, the judgment of the court of first instance is identical with the judgment of the court of first instance as to the claim against the defendant
(Article 420 of the Civil Procedure Act). The Defendant’s assertion that the Plaintiff paid KRW 300 million to the Defendant is a prior investment in the cost of establishing a medical corporation for the purpose of obtaining construction orders and thus does not constitute loans
Pursuant to the instant contract, a claim for reimbursement of KRW 300 million may be filed only where a medical corporation has not been established within two months from the date of the instant contract, and in other cases, it may be recovered by including the construction cost.
However, the defendant not only obtained permission to establish a medical corporation within the agreed period, but also decided not to file a claim for repayment of KRW 300 million, so the defendant has no obligation to repay KRW 300 million.
For the following reasons, it is reasonable to view that the nature of the above money is a loan for the following reasons:
① The Plaintiff did not have certain shares in interest arising from a convalescent hospital that the Defendant would operate after the establishment of a medical corporation.
The fact that the plaintiff paid KRW 300 million was to facilitate the initial stage of the project of the convalescent hospital, such as the defendant's establishment of the medical corporation with the money, and ultimately to receive the construction cost due to the construction contract.
② The Plaintiff paid KRW 300 million to the medical corporation, regardless of the absence or delay in the establishment of the medical corporation.
It is only the time and method of reimbursement of KRW 300 million to vary due to the failure or delay of the establishment of a medical corporation.
If the establishment of a medical corporation is known, it guarantees the repayment of KRW 300 million to the extent that the land owned by the defendant is offered as security.
On July 25, 2018, which was before the permission for establishment of a medical corporation, the actual name of the plaintiff shall be the name of the plaintiff.