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(영문) 서울고등법원 2015.09.17 2014나2042828

손해배상(기)

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1. The part of the judgment of the court of first instance against the plaintiff falling under paragraph (2) shall be revoked;

2...

Reasons

1. Facts of recognition;

A. The opening business of the instant hospital was established on December 21, 1987 by Defendant B, who closed his business on September 15, 1994. On May 25, 1999, Defendant B opened a hospital under the trade name of “P” at the Eunpyeong-gu SeoulO, Seoul, but closed its business on September 18, 200. After receiving the benefit, Defendant B was working as AAA of the Korean hospital on May 13, 2003. The instant hospital was established on May 13, 2003.

(B) On February 3, 2012, the building owner of the instant hospital was set up on March 7, 2003 between Defendant B and the building owner W.

(2) From May 13, 2003 to February 3, 2012, the Defendant A, as a senior secretary general, was in charge of overall hospital management, external patient management, and further, filed a claim against the Plaintiff and the insurance company, etc., and Defendant B, as the president, treated the patient.

B. The revenue and expenditure of the instant hospital was managed as the deposit account in the name of the national bank in the name of the Defendant B, opened on May 13, 2003, and was managed as the deposit account in the name of the national bank established on June 26, 2007. Defendant B appeared to receive KRW 10 million each month from October 9, 2003 to December 3, 2004, and transferred KRW 9 million each month from December 28, 2004 to November 30, 2006 to KRW 80,000 each month, while Defendant B appeared to receive KRW 80,000 to KRW 50,000 each month from October 22, 2009 to August 6, 2011 as a witness (the amount of KRW 500,000 to KRW 90,000 each month, respectively.

Meanwhile, since August 6, 2011, an investigation into the violation of the Medical Service Act against the Defendants was initiated, the transfer to the F account was completely suspended as seen below.

(ii) 2.

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