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(영문) 서울중앙지방법원 2018.12.20 2017가단5144225

손해배상

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. From October 201, the Defendant newly constructed a five-story building on the ground of Mapo-gu Seoul Metropolitan Government (hereinafter “instant building”) from around October 201, and obtained approval for the use thereof on July 10, 2012, and completed registration for the preservation of ownership in the name of the Defendant on July 16, 2012.

B. On March 7, 2012, the Plaintiff established D (the name was changed to E; hereinafter “E”) for the purpose of postnatal care center business, etc., and F, the Plaintiff’s spouse, as a director and representative director, and the Plaintiff, respectively, was appointed as an internal director.

C. Around March 2012, the Plaintiff proposed that H, working as the director of the G Hospital Emergency Service division, operate E as a partnership business. He received such proposal, he/she invested approximately KRW 90 million in the Plaintiff’s bank account on April 30, 2012, and KRW 190 million in the E’s bank account on June 18, 2012, including remitting KRW 190 million to the E’s bank account on March 18, 2013.

H was appointed on September 4, 2012 as a co-representative of E. D.

Around April 13, 2012, the Defendant entered into a lease agreement with H on the third floor subparagraph I of the instant building with regard to the lease deposit of the third floor of the instant building (the third floor J and the third floor I became K after the completion of the instant building; hereinafter referred to as “K”); around May 4, 2012, with regard to the lease deposit of the third floor of the instant building, KRW 30 million; KRW 60 million; KRW 1.2 million for monthly rent; KRW 3.9 million for monthly rent; and from June 15, 2012 for the lease period from June 14, 2014 to June 14, 2014, each lease agreement was concluded with the Defendant as the down payment, and around that time, KRW 9 million and KRW 12 million for each contract was remitted to the Defendant.

E. On September 2012, after the completion of the instant building, the date of preparation was drafted retrospectively on May 4, 2012, which entered into a lease agreement with H.

As to the building K of this case, a lease contract with the Plaintiff as the lessee or the Defendant as the lessor (hereinafter “the lease contract of this case”) was prepared, and the lease term of this case was from September 16, 2012 to September 2014.