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(영문) 서울중앙지방법원 2019.05.15 2018가합586606

청구이의

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. 1) The Plaintiff is the president of the E Hospital located in Gwanak-gu in Seoul Special Metropolitan City (hereinafter “instant hospital”). 2) The Defendant is a person who, as the head of the instant hospital from January 14, 2013 to December 12, 2016, served as the head of the headquarters of the instant hospital and performed the duties of administration of the hospital upon the Plaintiff’s delegation, and performed the duties of management and supervision of the extension and substantial repair of the hospital building, the selection of the construction company, and the construction supervision.

B. On September 4, 2015, the Plaintiff entered into a construction contract with F Co., Ltd., Ltd. (hereinafter “F”) for the extension of the instant hospital (hereinafter “instant construction contract”), and G is the actual representative of F. 2) as the cost of the instant construction project against F was not paid properly, G requested the Defendant, who had overall control over the instant construction project at the time, to grant a preferential loan.

Accordingly, the Defendant borrowed money from another person and lent KRW 348,00,000 to G six times from June 10, 2016 to July 15, 2016.

3) On October 13, 2016, the Defendant received 100,000,000 from the Plaintiff, and used the Defendant to pay the loan to G for the purpose of lending money. (c) On December 23, 2016, the Plaintiff filed an application for provisional seizure of the said KRW 100,000,000, which was paid to the Defendant as Suwon District Court 2016Kadan204618 on December 23, 2016, with the Defendant as the preserved claim, and the registration of provisional seizure was completed on January 5, 2017.

2) On December 31, 2016, the Defendant asserted as Seoul Central District Court Decision 2016Kadan814596, that “the Defendant subrogated for the payment of KRW 348,00,000 to the Plaintiff, and among them, the remainder of KRW 248,000,000, excluding the remainder of KRW 100,000 paid by the Plaintiff, shall have the right to receive payment from the Plaintiff,” and the Plaintiff shall be considered as the preserved claim.