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(영문) 부산지방법원 2014.08.22 2013가단59445
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Defendants and the Plaintiff and D are in partnership with the Plaintiff (hereinafter “Plaintiff, etc.”) and D (hereinafter “Plaintiff, etc.”)

(B) On December 1, 2007, the hospital (hereinafter “instant hospital”) is named “F” in the name of “F” in the Young-gu, Busan.

(2) In order to open the hospital, the Plaintiff collected KRW 280 million, and KRW 70 million as the fund for the establishment of the hospital, but there was a shortage of funds for the establishment of the hospital. (2) On February 2008, the Plaintiff agreed to receive from Defendant B the investment of KRW 60 million in the instant hospital from Defendant B, and agreed to receive KRW 20% of the said hospital’s equity interest from the said Defendant. On September 2008, the Plaintiff was to receive KRW 15 million in the said hospital from Defendant C, and was to receive KRW 25 million in the said hospital’s equity interest from Defendant C, and was to receive KRW 60 million in the said hospital from Defendant B, and was to receive KRW 100 million in the said Defendant’s equity interest from Defendant C.

3) At the time of the foregoing investment agreement, the instant hospital was entirely operated and managed by the Plaintiff, and the instant hospital was entrusted with patient management. However, Defendant B did not participate in the operation of the said hospital as the Corer of G professional farmer group and Defendant C, but the Defendants did not participate in the operation of the said hospital, and the Defendants were to play a role to the extent of promoting the said hospital to their players. 4) On March 25, 2008, the Plaintiff taken over the said hospital I, an incorporated association, the operating entity of the said hospital, and was appointed as the president. Around June 4, 2008, the said corporation was the business entity and the said hospital was opened.

5) Since the opening of the instant hospital, the Plaintiff transferred all hospital facilities and operating rights to J via D and D without notifying the Defendants on February 20, 2009. At the time, the transfer price for hospital was KRW 140 million, but the amount of the transfer price for hospital was KRW 140 million, but the amount of the actual transfer price for which the J agreed to take over part of the existing obligations of the instant hospital was KRW 43,230,000. The Plaintiff used the remaining amount of the transfer price for employees’ wages or the repayment of the obligations of the hospital.

B. 1) Defendant B and K (Defendant C’s wife on June 17, 2010)

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