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(영문) 서울중앙지방법원 2019.03.28 2018가합549218
상환금
Text

1. Defendant B’s medical corporation: (a) the Plaintiff is entitled to KRW 223,127,130 as well as the interest rate from July 31, 2018 to the date of full payment.

Reasons

1. Basic facts

A. 1) The Plaintiff is a financial company that is engaged in installment financing business, lease business, etc. 2) The Defendant Foundation is a medical corporation that carries out the establishment and operation of a medical institution. Defendant C (which was the representative of the Defendant Foundation) is a de facto representative from February 2, 2012 to June 15, 2016 and operates the Defendant Foundation.

B. On July 23, 2015, the Defendant Foundation (hereinafter “F”) concluded a performance-sharing contract and transferred the claim for construction price.

corporation and G (hereinafter referred to as “G”)

B) H convalescent hospital operated by Defendant Foundation (hereinafter “instant hospital”) between the hospital and the hospital

) The E Business Performance Allocation Agreement (hereinafter referred to as the “instant contract”) with the content of replacing ELD’s lighting with the name of ELD (ELD) and establishing the LED Panel, the BED Panel, the Chte-type Panel, and the Chte-type Panel, respectively.

(B) The term of installation: (a) the construction period from July 23, 2015 to July 31, 2015; (b) the construction cost from July 23, 2015 to July 31, 2018; and (c) the construction cost of KRW 249,837,000 (hereinafter “construction price of the instant case”).

(2) The repayment plan (a fixed amount distribution) attached to the instant contract agreement provides that the Defendant Foundation shall pay F the instant construction cost of KRW 249,837,00 (i.e., KRW 6,39,917) by paying KRW 6,939,917 each month from August 2015 to June 2018, and ② by paying KRW 6,939,905 on July 2018, the instant construction cost of KRW 249,837,00 (i.e., KRW 6,39,917 x KRW 35 x KRW 6,939,905). After that, the repayment plan was amended by paying the instant construction cost in installments from September 2015 to August 36, 2018.

3) The Defendant Incorporated Foundation on July 23, 2015 (hereinafter “I”) shall be a stock company I (hereinafter “I”).

B) As between the Defendant Foundation, the Insured F, and the insurance period from July 23, 2015 to July 31, 2018, the insurance coverage amount of KRW 249,837,00, each of which guarantees the payment of KRW 249,837,00 for the instant construction contract (hereinafter “instant insurance contract”) and the performance guarantee (payment) insurance contract (hereinafter “instant insurance contract”).

(b) have entered into the agreement;

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