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(영문) 광주지방법원 2014.07.17 2013가합9804

약정금

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. Defendant B is the head of the instant hospital, who was involved in the establishment of the instant hospital because he/she was in office of the management director, etc. of the hospital located in E and F ground (hereinafter “instant hospital”) in Namyang-si, Nam-si, and Defendant C and D are the head of the instant hospital, the registration of ownership preservation of which was completed on January 5, 2007 with respect to 1/2 of the respective shares of the said building.

B. The Plaintiff’s remittance and the drawing up of the instant loan certificate (1) the Plaintiff remitted the total of KRW 300 million to the agricultural bank account of Defendant B or C from June 13, 2005 to July 27, 2005.

(2) On August 29, 2005, Defendant B, in the presence of G, drawn up a loan certificate that borrowed KRW 300 million to the Plaintiff (hereinafter “instant loan certificate”) on the following terms.

1. Conditions (e.g., conditions less than the J, K and L construction amount) that the construction of a H hospital under provisional name of general hospital at Namyang-si, the Plaintiff may conclude a contract for the construction to a construction company designated by the Plaintiff (I Dong), provided that the difference between 20 million won and 300 million won shall be guaranteed from the

2. Compensation twice the borrowed amount in violation of the above paragraph 1 - On the date of the violation of paragraph 1.

3. assume civil or criminal responsibilities in violation of paragraphs 1 and 2.

C. After the completion of the building of the instant hospital, the Plaintiff (hereinafter “M”) ordered M Co., Ltd. (hereinafter “N”) to order the new construction of the instant hospital building, and the new construction of the instant store building adjacent to the instant hospital (hereinafter “N”), and M and N completed the construction of each of the above buildings around December 2006.

(1) On October 208, 2008, M filed a lawsuit against Defendant C and D seeking the remainder of the construction cost of the instant hospital as the District Court 2008Gahap10003 on October 20, 2008. On October 15, 2009, the above court rendered a judgment accepting M’s claim against M to pay the remainder amount of KRW 344,528,000, and delay damages therefor. The above judgment became final and conclusive on November 10, 2009.

(2) Defendant C and D are to M through an agentO on November 18, 2009.