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(영문) 서울중앙지방법원 2014.12.18 2014가합36004
손해배상(기)
Text

1. The Defendant: 120,883,958 won to Plaintiff A, 159,910,000 won to Plaintiff B, and 87,956,314 won to Plaintiff C and each of the said money.

Reasons

Description of Claim

The defendant deceivings the plaintiffs, who are doctors, with respect to the overseas patient attraction business as follows, to acquire each amount of money.

On February 2, 2012, the Defendant: (a) established a MD Research Institute for the purpose of overseas medical business research; and (b) fraudulently concluded that “If the Plaintiff has an office leased with the Plaintiff’s funds, the Defendant would have the Defendant bear the maintenance cost and distribute profits therefrom; and (c) caused the Plaintiff A to make an total of KRW 46,743,958, and KRW 8410,000,000,000,000 including the deposit, and KRW 12,858,314,000,000,000,000,000 won, including the deposit, etc.; and (d) fraudulently acquired the Plaintiff

Around April 2012, the Defendant, on the grounds that “it is impossible to conduct the business of attracting overseas patients without establishing a juristic person,” respectively, acquired KRW 65.34 million from Plaintiff A, KRW 66.7 million from Plaintiff B, and KRW 66,298,00 from Plaintiff C as the fund for incorporation.

The Defendant, from May 2012 to July 2012, concluded that the Plaintiffs “to receive consulting fees from those who intend to move to an overseas patient,” and that “to receive from those who intend to do beauty and dental treatment, etc.,” did not provide the Plaintiffs with a total of KRW 26,40,000,000,000,000, which were received from the subjects of dental treatment while doing dental treatment.”

Therefore, as indicated below, the defendant is obligated to pay to the plaintiff A 120,883,958 won, 15,9910,000 won to the plaintiff B, 87,956,314 won, and damages for delay calculated at the rate of 20% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from October 31, 2014 to the date of complete payment, which is the day following the delivery of the copy of the complaint of this case sought by the plaintiffs C.

A Judgment by Publication A (Article 208(3)3 of the Civil Procedure Act)

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