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(영문) 부산지방법원 서부지원 2018.05.17 2017가합103516

손해배상(기)

Text

1. The Defendant’s KRW 5,492,678,440 as well as 5% per annum from January 31, 2013 to December 29, 2017 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Defendant was a person without a medical license, and found a method to establish and operate a medical institution on January 2007, and established a consumer cooperative that can establish and operate affiliated medical institutions in accordance with the Consumer Cooperatives Act (hereinafter “Consumer Cooperatives Act”), and the Defendant, in substance, intended to establish and operate a medical institution.

B. Accordingly, the defendant paid 150 million won out of the amount of 150,1030,000 won invested by its members. The defendant did not go through the resolution of the inaugural general meeting composed of not less than 30 promoters with the capacity of not less than 161 members and did not go through the resolution of the inaugural general meeting composed of not less than 30 members after borrowing personal information from 161 members without explaining the establishment of the association. As if the resolution of the inaugural general meeting composed of not less than 30 promoters with the capacity of not less than 30 members was made, the defendant completed the registration of the establishment of the "C Medical Consumer Cooperative" (hereinafter referred to as the "C Medical Consumer Cooperative") with the head of Busan District Court on August 24, 2007 by preparing and submitting documents, such as the false list of promoters, the investment payment certificate, and the minutes of the inaugural general meeting, and completed the registration of the establishment at the Busan District Court on August 30, 2007.

C. On September 4, 2007, the Defendant, on the 5,6, and 7th floor of the building above B, had one doctor, one water clinic, three nurses employed, a water clinic, a water clinic, a hospital, a hospitalization room, and 76 patient beds in the above B building. Based on the name of the instant biological cooperative, the Defendant, using the name of the instant biological cooperative, filed a report on the establishment of the medical institution “D convalescent hospital” with the head of Busan Metropolitan City (hereinafter “D convalescent hospital”) and operated the instant hospital by January 30, 2013.

The plaintiff is from October 25, 2007 to the defendant with respect to the medical treatment performed by the hospital of this case.