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(영문) 서울고등법원 2015.07.07 2014나8891

약정금 등

Text

1. The plaintiffs' appeal is dismissed.

2. The plaintiffs' preliminary claims added by this court are all dismissed.

Reasons

1. Basic facts

A. 1) Establishment, etc. of F Foundation: F, the inheritee of the Plaintiffs, is an incorporated foundation that, around 1956, graduated from a college of G University in the United States and took part in study in the United States and returned to Korea in around 1983 and performs clinical diagnosis around 1990 (hereinafter “instant incorporated foundation”).

(2) From 200 to 200 to 200 to 200 to 200 to 20 to 200 to 20 to 20 to 20 to 20 to 20 to 20 to 20 to 20 to 20 to 20 to 20 to 20 to 20 to 20 to 20 to 20 to 20 to 20 to 20 to 20 to 20 to 20 to 20 to 20 to 20 to

3) As of December 31, 2007, the Defendant medical corporation: (a) as of December 31, 2007, the amount of its assets to KRW 10 billion; (b) the amount of its liabilities to KRW 5.7 billion; (c) annual sales to KRW 15.9 billion; and (d) annual net income to KRW 29.9 billion; and (b) the amount of its sales to KRW 46.4 billion as of December 31, 2006; (b) F was the president of the Incorporated Foundation on November 28, 2006; and (d) the director of the Defendant medical corporation’s medical corporation on January 2, 2008; and (e) Defendant D succeeded to this and assumed office as the president of the instant Incorporated Foundation on January 22, 2007; and (e) Defendant D’s director on January 22, 2008.

Defendant D, as F’s son’s children, (J also contributed to the establishment of the Incorporated Foundation) and was a professor of K University’s medical department at K University’s medical college, and was appointed as the president of the Incorporated Foundation around May 2002 and succeeded to the position of the president of the Incorporated Foundation, etc. as above.

2) On December 31, 2007, F had resigned from the position of the president of the Defendant medical corporation and received KRW 1,201,357,277 as retirement pay. F (i) The death, etc. of F).