beta
(영문) 부산지방법원 2017.08.10 2016가단352657

손해배상(기)

Text

1. The Defendants jointly share KRW 37,997,550 with respect to the Plaintiff and the period from October 8, 201 to March 20, 2017.

Reasons

1. Facts of recognition;

A. Defendant A is the representative of the “Medical Corporation D” located in Busan Dong-gu, Busan (hereinafter “C”) and Defendant B is a person who acts to arrange the name lending of a medical corporation to a non-medical person who wishes to establish a medical institution by borrowing the name of the medical corporation under the name of the medical corporation.

B. Defendant A recruited non-medical persons wishing to establish and operate a medical institution through Defendant B through lending the name of the medical corporation of this case so that the medical corporation of this case can be established and operated, and in return, the amount of money equivalent to KRW 10 million through KRW 25 million to KRW 400,000 or KRW 1500,000 as a fee for the name of the medical corporation and the amount of money equivalent to KRW 400,000 or KRW 1.50,000 as a monthly fee for the name of the medical corporation of this case shall be paid to the medical corporation of this case. Defendant B expressed that the non-medical persons wishing to receive a loan under the name of the medical corporation of this case and received a certain amount under the name of the medical corporation of this case, and provided the non-medical persons to the medical corporation of this case for the purpose of arranging the name

C. Defendant A is above B.

On March 4, 2010, the medical corporation name of this case was established and operated under the name of the medical corporation in the name of this case, after receiving KRW 10 million from Non-Party E, a non-medical person, as a fee for the name lending, and the expenses for the operation of the corporation. Defendant B received KRW 10 million from E on the above date, and delivered it to Defendant A, thereby mediating the name lending of the medical corporation of this case to E, a non-medical person.

E from April 6, 2010 to September 9, 2011, in the name of Defendant A’s representative, with the name of “G Council members” (hereinafter “instant hospital”) from the building located in the Nam-gu Incheon Metropolitan City in the name of his representative, and provided medical treatment by employing medical doctors and nurses and providing medical treatment to the employees, and thereby making a total of KRW 76,738,840. Nonparty H’s income on March 201.