보증금반환
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The following facts are either disputed between the parties or may be acknowledged by the seal of the defendant, which was used by the defendant while operating the D Hospital, in full view of the overall purport of the arguments as to the testimony by the witness F of the first instance court, because the defendant's seal impression attached to the "D Hospital President B (the defendant)" as stated in the D Hospital cafeteria contract (the evidence No. 1), is presumed to have been established as the authenticity of the D Hospital cafeteria contract. Accordingly, the defendant asserted that the D Hospital cafeteria contract was forged by F as the defendant's representative under the condition that F was not authorized to prepare it, but the fact that the D Hospital cafeteria contract was prepared by the defendant's true will can be acknowledged as being prepared by the defendant, as examined in the above 2-B., the defendant's above assertion is without merit), and evidence No. 2 through 4, evidence No. 6-1, No. 2, No. 1, No. 2, No. 2 and No. 4, and evidence No. 1, and evidence No. 1 of the EF.
On December 2, 2009, the Defendant operated a hospital with the trade name of "D Hospital" from the fifth and sixth floor of the 5th floor of the Masan-dong-gu Seoul Metropolitan City Building on the 5th and the 6th floor. On October 31, 2011, the Defendant reported the closure of business to D Hospital.
B. On January 13, 2011, F, working as the Deputy Director of the D Hospital, introduced the Plaintiff by E, who was in charge of the construction of the D Hospital’s facilities, but was not yet paid the construction cost, and drafted a “certificate of loan to the D Hospital restaurant” with the following contents to the Plaintiff and E:
D Certificate of a loan to restaurant a hospital
1. On January 13, 201, the Director of the Administration shall borrow the Plaintiff’s KRW 100 million from D Hospital with a deposit for a restaurant, recognize KRW 100 million for the restaurant facilities and the office of the hospital newly established by E in 2009, and draw up a restaurant contract after the Defendant and the executive branch.
2. The Plaintiff and E shall pay monthly dividends of 500,000 won, excluding taxes, in cash.
3. When trading with the D Hospital.