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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, C, D, and Defendant jointly establish and operate a hospital, and on October 25, 200, the F Hospital located in Ulsan-gu E (hereinafter “instant hospital”).
(2) At the time of the establishment of the instant hospital, the Plaintiff and C invested KRW 147,09,016, and KRW 291,498,033, respectively, in the instant hospital. The shares of the Plaintiff and C in the instant hospital were 1/6, and the shares of D and Defendant were 1/3, respectively.
3) On November 2002, the Plaintiff, C, D, and the Defendant assessed the asset value at the time of the instant hospital as KRW 3 billion, and C received KRW 500 million, which is the consideration for 1/6 shares, and D, received KRW 1 billion, which is the consideration for 1/3 shares, and withdrawn from the relationship of the Dong business. B. The lease and ownership of the site of the instant hospital was 1) Ulsan-gu G and H land used as the site of the instant hospital, Ulsan-gu G and the instant hospital were owned by the Plaintiff and C, respectively.
2) On July 28, 199, the Plaintiff and C agreed to lease the site of the instant hospital to the Defendant and D without compensation for two years from the date of opening the hospital. From the expiration of the lease period of the Defendant and D, the Plaintiff and C agreed to pay 100 million won interest per month on the outstanding balance of the land in installments over two years, and the Plaintiff and C agreed to transfer the ownership of the said land to the Defendant and D on August 4, 200, when the I land was combined on August 4, 200, the Plaintiff, C, D, and the Defendant determined the purchase price of the instant hospital as KRW 1,500,000,000 (= KRW 90,000,000,000,000,000,000 won for the land that was merged as stipulated in the agreement made on July 28, 199).
C. The Plaintiff and the Defendant lent a total of KRW 1.3 billion to the Defendant as indicated in the table below (the loans extended on September 8, 200 with the Defendant were borrowed together by D. However, while D withdraws from the partnership relationship, the Defendant is exempted from liability.