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(영문) 춘천지방법원속초지원 2014.05.15 2013가합361

약정금

Text

1. The Defendant shall pay to the Plaintiff KRW 500,000,000 as well as 20% per annum from January 21, 2011 to the day of full payment.

Reasons

1. Basic facts

A. On September 2009, the Defendant, along with Nonparty C, D, and E, was in charge of administrative affairs, such as finance, management, personnel affairs, and general affairs, as the president of the pertinent hospital, while opening and operating the F Hospital as well as Nonparty C, D, and E, and G was in charge of the said administrative affairs as the president of the said hospital. On April 2010, G was in charge of the said administrative affairs.

B. While promoting the incorporation of the hospital, the Defendant, G, and C, etc. decided to take over the H hospital operated by the Plaintiff, and G decided to take charge of the head of the new hospital.

C. Accordingly, on September 16, 2010, the Plaintiff and G invested the assets, etc. of the H hospital operated by the Plaintiff in the newly established medical corporation. All liabilities of H hospital concluded a contract with the newly established medical foundation or G to take over all liabilities of the H hospital. On November 1, 2010, G established the medical corporation I medical foundation (hereinafter “instant foundation”) on which G and the Defendant assumed office as a director of the said foundation.

(Representative) has the power of representation only to the defendant.

The Foundation of this case, on November 10, 2010, for the purpose of guaranteeing the portion of the obligation of the Customer of H Hospital which is urgently required, “The Foundation of this case’s KRW 106,620,911 on November 30, 2010, KRW 78,219,307 on December 31, 201, KRW 69,703,035 on January 31, 201; KRW 52,297,124 on February 28, 201; KRW 56,010,050 on March 31, 201; KRW 10,52 on April 30, 201; and KRW 10,500 on May 31, 201; and KRW 10,015,00 on May 31, 205, the Foundation of this case’s notarial deed was discharged to the Plaintiff on May 16, 2016.