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(영문) 인천지방법원 2015.08.27 2012가합9573
손해배상(기)
Text

1. The Defendants jointly pay to the Plaintiff KRW 451,150,510 and the interest rate thereon from June 19, 2012 to the date of full payment.

Reasons

1. Basic facts

A. The parties concerned are the actual managers of “Fvalescent Hospital” and “Gmerdiist” in the building “E” located in Nam-gu Incheon Metropolitan City, and Defendant C is the head of the original department of the above hospital. The Plaintiff is a person who operates the foregoing E E E in the name of “H” from the fourth floor of the building, and the Plaintiff is a person who delivers investment funds and borrowed funds to the Defendants in relation to the establishment and operation of the above convalescent hospital as follows:

B. Defendants B had no particular property other than the debt amounting to KRW 4 billion with bad credit standing. Defendants C did not have any particular property other than the debt amounting to KRW 4 billion. The Defendants did not intend to open or operate a convalescent hospital normally even if they received 300 million investments from other persons. Nevertheless, the Defendants tried to open a convalescent hospital with the Plaintiff from the above building on January 201, 201, by leasing the two to seven stories of the E building to the first place. The Defendants invested KRW 1 billion in the amount of KRW 70 billion, and invested KRW 300 million in the amount of KRW 30 million to KRW 80 million, and KRW 12 billion with interest on KRW 4 billion and KRW 300 billion with KRW 200 million with KRW 10000,000 from the end of each month. The Defendants received KRW 200,000,000 from the Plaintiff.

C. The defendants 1 were the defendants related to the borrowed money of the defendants.

The hospital operation is not possible because there was no particular property in the name of the Defendants, and there was no investment from other persons.

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