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(영문) 부산고등법원 (창원) 2018.02.08 2016나22748
편취금 청구의 소
Text

1. The plaintiff's claim that the court changed in exchange is dismissed.

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

Reasons

1. Determination as to the cause of claim

A. The Plaintiff’s assertion 1) Joint Defendant B of the first instance trial (hereinafter “B”).

(D) A medical corporation D (hereinafter referred to as “D”)

(2) On February 8, 2015, the Plaintiff, who was a director, representative, and the Defendant, is a management director of the Fvalescent Hospital to which the said Foundation belongs, and the Defendant and B were unable to operate the convalescent hospital due to financial difficulties, and the fact that an individual leased and operated the convalescent hospital was impossible under the Medical Service Act, but on February 8, 2015, that the lease and operation of the convalescent hospital was made impossible, and that the lease and operation of the convalescent hospital was made by the Plaintiff on the condition of KRW 30 million and KRW 5 million per month rent, and that the transfer was made by the Plaintiff for the total sum of KRW 210,00,000 as the lease deposit. (2) As such, the Plaintiff suffered mental and economic distress due to the tort by the Defendant, etc., the Defendant is obligated to pay

(b) Determination 1) without dispute, Gap evidence 1-4, Eul evidence 6 (including branch numbers, if any; hereinafter the same shall apply)

According to the purport of each of the statements and arguments, the Plaintiff agreed to lease the Fvalescent on the condition that the deposit amount is KRW 300 million and KRW 5 million monthly rent between the Defendant and B, and that the Plaintiff lease the Fvalescent Hospital from February 8, 2015.

2. From 16. to 16., he remitted 210,000,000 won to the Defendant account under the name of the contract deposit as the down payment. After being aware that the Plaintiff, an individual under the Medical Service Act, was unable to rent and operate the convalescent hospital.

A. (1) A complaint was filed against the Defendant and B on the charge of the crime as referred to in paragraph (1) and as a result, the Defendant and B were sentenced to a two-year suspended sentence of imprisonment for each of the two-year criminal frauds (the Changwon District Court 2017No3004, and the present Defendant and B respectively appealed.

2) In general, mental suffering shall be deemed to be recovered by compensation for property damage in a case where a property right has been infringed by another person’s tort. Therefore, it shall be recovered by compensation for property damage.

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