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(영문) 수원지방법원평택지원 2019.05.23 2018가합8257

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company established for the purpose of housing construction business, etc., and the Defendant was a director with the power of representation of a medical corporation C (which is located D at the time of draft, hereinafter “C”) from December 30, 2015 to June 28, 2016.

B. Nonparty E, upon entering into a joint dormitory operation agreement, was introduced a hospital operated by C through the Defendant, after having discovered the purchase of a medical corporation around July 2015.

E agreed to take over G (the Plaintiff’s representative director, F’s friendship, and C director from September 2016 to November 2016) and C with the delegation of F (C’s actual operator) around August 2015.

E around that time paid KRW 50 million to G in cash, and additionally deposited KRW 500 million into the Plaintiff’s account designated by G, and paid KRW 500 million to the Defendant as a consulting fee.

However, in October 2015, C Acceptance was non-existent.

As a result, G and the Defendant agreed to take over and jointly operate the building indicated in the attached Form, which is the dormitory of the hospital (hereinafter “Joint Dormitory Operation Agreement”).

C. On December 7, 2016, C filed a lawsuit against the Defendant for the totaling KRW 772,00,000,000 and damages for delay (No. 2016, Pyeongtaek District Court Decision 2016Gahap10539) (specific items of damages are as follows).

① On March 30, 2016, the Defendant, without permission, withdrawn KRW 250 million from the account in the name of C, used it as one’s personal debt repayment, etc., and paid only KRW 70 million to C, and did not pay the remainder of KRW 180 million.

② On August 23, 2016, the Defendant submitted a resignation letter with respect to the duties of the president of C, and withdrawn KRW 200 million from C’s account on September 22, 2016 and used it.

③ Although the Defendant was not supplied with medical equipment, the Defendant was granted a loan of KRW 1.15 million under its purchase, and the Defendant did not exceed H, which is a medical equipment company.