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(영문) 광주지방법원 2021.03.16 2019가단538253
매매대금
Text

The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On May 31, 2013, the Plaintiff and the Defendant: (a) opened and operated an oriental medical hospital on the 2 and 3rd floor of the building in Gwangju Mine-gu; (b) employed the Defendant as a vice president and paid KRW 5,500,000 per month to the Defendant around May 2014; (c) transferred the instant oriental medical hospital to another place in which the Defendant would pay KRW 12 million per month to the Defendant around October 2014; and (d) opened the oriental medical hospital in the name of the Defendant on October 31, 2014 under the name of the Defendant on the 2 and 3rd floor of the said building (hereinafter “instant hospital”); and (d) concluded a contract with the Defendant to transfer the business rights and equipment of the instant hospital to the KRW 60,000,000 (hereinafter “the instant contract”).

B. The Plaintiff received a total of KRW 530 million from the Defendant on November 17, 2015, and KRW 500 million on November 30, 2015, and KRW 530 million on November 30, 2015. On December 1, 2015, the Plaintiff transferred personal and material assets related to the hospital business to the Defendant.

(c)

The defendant sent 500 million won to the plaintiff on November 30, 2015.

7,000 So-called "I dn't have to drinking."

The Defendant sent the text message “,” and on December 4, 2015, the Defendant “Isle’s thoughts in the future” to the Plaintiff.

If the Plaintiff wishes to send the text message “B” to the Defendant, the Plaintiff concludes that the transaction was “B”.

The answer was sent that the contact was Hayman.

(d)

On November 15, 2017, the Plaintiff and the Defendant conspired with each other to establish and operate the instant hospital in the name of the Defendant in collusion with the Plaintiff on November 15, 2017, the Plaintiff and the Defendant established and operated the instant hospital under the name of the Defendant, and the Defendant committed a violation of the Medical Service Act that allowed the Plaintiff to establish and operate at least two medical institutions by taking exclusive charge of medical treatment, so that the patients who are not in need of hospitalization may claim false or excessive hospitalization, thereby allowing the patients to claim false insurance proceeds.

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