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(영문) 수원지방법원 2019.06.27 2018가단530536

손해배상(기)

Text

1. The Defendants jointly share KRW 198,691,860 to the Plaintiff and Defendant A from December 12, 2012 to December 26, 2018.

Reasons

Facts of recognition

Defendant B, even if it is not a medical personnel, had Defendant A take overall charge of administrative affairs related to the establishment and operation of the hospital. The building or site that 100 or more patient beds can be operated by making an investor gather money, used the fund for the purchase or lease of the building of the hospital or the purchase of medical appliances within the hospital, such as hospital rooms, and the purchase of medical appliances, etc., and had the relevant doctor take office as the president of five convalescent hospitals, including C convalescent hospitals, and paid a certain amount per month to the relevant doctor, with the permission for the establishment of the hospital. The Defendant B determined employment and personnel transfer, whether to raise drugs and funds, and operated the convalescent hospital simultaneously or in consecutive order, and operated the hospital’s finance by taking charge of determining the source of the hospital’s funds by paying the amount borrowed under the name of the president of each hospital as building rent or dividends, or by using the funds to repay the funds to the hospital.

Defendant B, around May 2012, intended to jointly purchase the D Building E (30%), F (40%) and G (30%). In a case where Defendant B’s employees of Hvalescent Hospital, I convalescent Hospital, and J convalescent Hospital, or Defendant B’s branch employees, made an investment of KRW 25 million per unit of the hospital revenues by agreement to distribute the hospital revenues to approximately 30 persons, and used approximately KRW 25 million in total, KRW 1.1 billion in the purchase cost of the building, hospital’s interior work, and medical device purchase, etc. from May 1, 2012 to February 7, 2013, Defendant B provided E with a certain amount of money after taking office as the president of the C convalescent hospital. < Amended by Presidential Decree No. 23720, May 1, 2012>

E shall be appointed as the president of the C convalescent Hospital from May 1, 2012 to February 7, 2013, and only a specified amount per month.