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(영문) 서울고등법원 2016.06.15 2015나26056
투자금반환 등
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

Claim:

Reasons

1. Basic facts

A. The relationship 1) On September 2, 2009, the Defendant opened and operated a Dvalescent Hospital located in the Jung-gu Seoul Metropolitan Government (J). The Defendant acquired the Evalescent Hospital located in Seoul Special Metropolitan City, Nowon-gu (hereinafter referred to as the “instant hospital”) to expand the hospital around February 2, 2013.

(2) From January 3, 201 to January 15, 2013, the Plaintiff served as the head of the Dvalescent Hospital and joined the instant hospital as a planning director on February 1, 2013, but was notified of dismissal by F, who was the head of the instant hospital at the time of February 19, 2013.

B. Around October 2012, the Defendant entrusted the Plaintiff with the investment and other duties in connection with the opening of the instant hospital. (2) On October 30, 2012, the Plaintiff, on behalf of the Defendant, entered into a contract on behalf of the Defendant on the part of the Plaintiff, under which the Plaintiff entered into an additional contract on the amount of KRW 440,000,000 (including value-added tax) for the construction cost of the instant hospital, and entered into an increase in the construction cost of KRW 30 million (excluding value-added tax).

(hereinafter referred to as the “instant contract”). The Plaintiff directly remitted the amount of KRW 50 million on January 30, 2013, and KRW 20 million on February 6, 2013, as the price for interior works, under the title of the original contract and the additional contract.

3) On November 9, 2012, the Plaintiff transferred each of the KRW 50 million to the Defendant, and KRW 49 million on November 28, 2012, to allow the Defendant to use for opening the instant hospital business. [Grounds for recognition] The Plaintiff did not dispute, Party A’s evidence Nos. 1, 3, and 10 (if the number is available, including the number; hereinafter the same shall apply).

(1) Each entry in the evidence No. 1, the testimony of the witness H of the first instance court, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff invested expenses necessary for the establishment of the instant hospital to the Defendant, thereby paying the proceeds according to the income of the instant hospital.

Accordingly, the plaintiff is the defendant 9,00,000 won.

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