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1. The plaintiff's primary claim and the conjunctive claim are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On March 7, 2011, the Plaintiff leased the lease deposit amount of KRW 100,00,000, and the lease period from March 7, 201 to March 7, 2016 (Seoul Guro-gu G Building 501, 601) as the name of Guro-gu Seoul Metropolitan Government Hospital (hereinafter “D Hospital”).
B. After that, the Plaintiff, who was short of funds, takes the Defendant as the nominal transferee of the instant hospital’s name to lend funds under the name of the Defendant, and prepares a transfer contract between the Defendant and Byung on June 21, 201 (Evidence A 3), and on the same day.
The name of the lessee of the lease contract entered in the port is changed to the defendant, and the business registration under the name of the defendant was completed, and the amount of KRW 200,000 was loaned in that name.
C. During the opening of the instant hospital’s business, H invested money in the name of human rights expenses, etc., I continued to perform human rights construction from March 1, 2011 to September 30, 201, and J was working as the head of the department of the instant hospital from March 1, 2011 to February 2013, and K was working at the said hospital around that time.
During that period, the Plaintiff came to face financial difficulties again from September 201 to October 201 of the same year, and agreed to transfer the instant hospital to the Defendant. On October 30, 2011, the Plaintiff drafted a written agreement (i.e., the Defendant’s consent is acceptable with the Plaintiff, and (ii) did not make any legal objection and claim for damages against the Plaintiff with respect to the full amount of damages in accordance with the attached disbursement statement attached to the instant agreement, and (iii) did not claim any right against the said hospital later, and thus, the Plaintiff does not claim any right against the said hospital, and therefore, confirm that all the decision-making authorities of the said hospital are the Defendant.”
[Ground of Recognition] Unsatisfy, Gap evidence 1 to 5, Gap.