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(영문) 대구지방법원 2019.05.21 2016가단106169

손해배상(기)

Text

1. The Defendants jointly share KRW 78,702,540 and interest rate of KRW 15% per annum from June 11, 2015 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff is a special corporation which is a government-invested institution established pursuant to Article 10 of the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Compensation Insurance Act”), and is an institution that promptly and fairly compensates workers for occupational accidents by implementing industrial accident compensation insurance projects entrusted by the Minister of Employment and Labor, facilitates the rehabilitation of workers suffering from occupational accidents and their return to society, and carries out affairs to prevent accidents, and promote the welfare of workers.

B. Defendant A is the president of the D Association (hereinafter “instant association”) from August 23, 2010 to May 18, 2012; from May 18, 2015 to the date of registration as a director; Defendant B is a person registered as a director of the instant association from May 18, 2012 to the date of registration; Defendant C is a director of the instant association from March 24, 2012 to May 18, 2015 to the date of registration as the president. Defendant C is a person registered as a director of the instant association from May 18, 2015 to the date of registration as the president.

C. On February 2012, Defendant B was permitted to establish a medical institution under the name of “G Council” (hereinafter “instant hospital”) by lending the name of the instant association in the form of the branch office of the said association, and lending the name of the instant association from Defendant A to its branch office in the form of its branch office.

Defendant B, around March 24, 2012, had C assume office as a director of the instant association, and the same year.

5. On April 23, 2012, after having the pertinent union registered as the president of the board of directors, a medical institution was established under the name of “G medical institution” after having one doctor, eight nurses, one physical clinic, etc. employed at H in Daegu-gu, Daegu-gu, and having a medical care room, and one physical clinic, etc.

Defendant C, despite being aware of the fact that Defendant C operates the “office-general hospital”, shall assist Defendant B to report the establishment of the instant hospital after having taken office as the president of the instant association.