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(영문) 서울고등법원 2019.09.05 2018나2035538

정산금 등

Text

1. The portion of loans extended on April 14, 2014, among the primary claims in the judgment of the court of first instance, is part of the loans extended on April 14, 2014.

Reasons

1. Basic facts

A. The Plaintiff and Defendant B’s relation 1) The Defendant B, including the mountain point (trade name: I) located in the Plaintiff and Defendant B, are one-time “G” hospital with several branches (hereinafter “instant hospital”).

(2) On February 28, 2008, the Plaintiff prepared a partnership agreement with Defendant B, stating that “The investment ratio between the Plaintiff and Defendant B shall be 50%, respectively (Article 1), and the loss incurred from the business operation shall be borne by the investment ratio (Article 2).”

(3) The Plaintiff transferred the sum of KRW 400,000 on April 4, 2008, at least 50,000, and KRW 50,000 on January 23, 2009, and KRW 400,000,000 to one bank account under the name of Defendant B, which was established as the business account of the instant hospital. The Plaintiff transferred the sum of KRW 10,000,000,000 to the Plaintiff’s KRW 14,000,000,000 around the opening of the instant hospital’s office. (B) The point of time when the Plaintiff’s report on the operation of each of the instant hospital and the establishment of medical institution was made at the point of time, and the Plaintiff’s 10,000,000,000,0000,000,0000,000,000,000,000.