대여금
1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.
2. After an appeal is filed.
1. The Plaintiff’s primary assertion: (a) received a request from C, the head of the administrative branch of the B Hospital, which was the Defendant, at the time of May 2012; and (b) lent KRW 50 million to the Defendant on May 11, 2012, and KRW 40 million on May 30, 2012; and (c) as such, the Defendant ought to pay the Plaintiff the loan amounting to KRW 90 million and damages for delay.
Preliminary claim, the defendant is responsible for the tort, the supervisor's liability, and the nominal lender's liability, as the defendant, in favor of the above primary claim, operated the B Hospital to another person.
2. Determination:
A. In full view of the facts acknowledged as Gap's primary claim 1, Gap evidence Nos. 1, 2, and 4, the inquiry results of the first instance court's B Hospital, the fact that the plaintiff transferred money to the defendant's account on May 11, 2012, 50 million won, and 40 million won on May 30, 2012, to the defendant's account. The transferred money was used for "short-term loans and hospital operation expenses ( unpaid fees, national pension, unpaid premiums, employment insurance premiums, unpaid retirement allowances, unpaid retirement allowances, and unpaid credit payments)," and the defendant received permission to dispose of basic property of B hospital-related hospitals and to amend the articles of incorporation following the fact that the defendant received permission to amend the articles of incorporation from B hospital-related medical corporation on July 2, 2012, and the purport of this case's transfer/acquisition and transfer of basic property of B hospital-related medical corporation on May 30, 2012, and the purport of the evidence presented by the defendant as follows.