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(영문) 서울중앙지방법원 2014.08.13 2013가단111734

정산금

Text

1. Defendant C shall pay to the Plaintiff KRW 75,654,38 as well as 20% per annum from May 25, 2013 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff and Defendant C are women.

B. The Plaintiff’s father was operating an individual member, but decided to open a mental hospital upon the invitation of a policeman around the early 201, and prepared to open a business like Defendant C, who is his wife.

Plaintiff

After opening a mental hospital in the name of his father, he planned the actual operation of the hospital to be entrusted to the plaintiff, who is a psychiatrist, and colors the place of opening the hospital.

Around April 5, 2011, the Daejeon-gu building was completed by securing human subjects. However, the above building could not obtain permission to change its use to a hospital. On October 201, the Plaintiff’s father and the Plaintiff’s father, and the E Council members (hereinafter “E Council members”) were respectively established in the name of the Plaintiff.

C. While the Plaintiff was responsible for the treatment of patients of the instant member, the actual management was carried out by Defendant C and the Plaintiff, and F.

Defendant C, etc. opened and used an account in the name of “E Council Members (A)” for the operation of the instant Council Members.

The Plaintiff demanded an amount equivalent to KRW 18 million on his own salary, but the Defendant C and F, which suffered difficulties due to the establishment cost of hospital, said that the Defendant C and F, “I cannot give a monthly wage as required by the head of the Party because of financial circumstances. The first half of the three-month period is not a monthly wage, and once they live on a credit card, they would pay the credit card price after that.” The Plaintiff also accepted it.

Defendant C paid to the Plaintiff an amount equivalent to KRW 10 million per month from January 2012 to March 2012, or paid the credit card payment. D.

Around February 2 and March 2012, the Plaintiff expressed his intention to go back to the Seoul University Hospital and to go out in the operation of the instant Council member, and Defendant C and F asked the Plaintiff to provide more medical treatment, and have expressed another mental doctor.

However, most of the Plaintiff lived in Seoul, and neglected the operation of the instant member, and the said member.