A. On December 31, 2015, the Plaintiff lent KRW 300 million to Defendant B as of January 25, 2016 and as 0.5% per interest month.

B. On December 23, 2016, the Plaintiff lent KRW 370 million to Defendant B at the rate of 3% per annum without setting the due date for reimbursement.

C. On November 1, 2017, Defendant B, a director with the power of representation of Defendant C (hereinafter “Defendant Foundation”) drafted an agreement on the payment of borrowed money with the purport that “The Plaintiff shall pay KRW 670,000,000, interest, etc. on the said loan obligation by the end of March 2018” (hereinafter “Defendant Foundation”) in the name of the Defendant Foundation, and that “The Plaintiff promises to pay the said loan obligation by the end of March 2018.”

On April 25, 2018, Defendant B prepared a letter to the Plaintiff that KRW 670,000,000,000 per month shall be paid as interest to the Plaintiff.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination

A. According to the facts acknowledged earlier, the Defendants are jointly and severally liable to pay to the Plaintiff 670 million won and damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from April 1, 2018 to November 30, 2018, which is the sentencing date of the instant case, and 15% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

(The agreement on loans of KRW 370,000 is below the annual interest rate of KRW 300,000,000, but in such a case, damages for delay shall be calculated at the statutory interest rate, and since the repayment period of the loans at least at least at the end of March 2018, damages for delay on the loans shall also be calculated at the statutory interest rate for which the Plaintiff seeks.

According to Article 48(3) of the Medical Service Act, the defendant foundation asserts that, in order for a medical corporation to dispose of property, the agreement on debt burden is invalid without the approval of the competent authority, without the resolution of the board of directors.

However, Article 54 (1) of the Enforcement Rule of the Medical Service Act shall be applied.