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(영문) 서울고등법원 2019.01.30 2017나2077429
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Facts of recognition;

A. The status of the parties is a medical corporation located in Ansan-si C, and the Defendant is a director with the Plaintiff’s power of representation (hereinafter referred to as “chief director”) who works from December 30, 2015 to June 28, 2016.

B. On March 31, 2016, the amount of KRW 250 million was remitted from the Plaintiff’s account under the Plaintiff’s name to D’s account. 2) On April 26, 2016, the Defendant: (a) written the confirmation that “I, as the president of the Defendant Foundation, have withdrawn KRW 250 million in order to repay personal debts without obtaining approval from the board of directors of the Foundation; and (b) signed the written commitment to repay KRW 250 million on March 30, 2016.”

3) The Defendant deposited KRW 50 million on May 2, 2016, and KRW 20 million on May 10, 2006, into each Plaintiff’s account in the name of each Plaintiff. (c) G land and a building on land in Ansan-si, which is used as a dormitory and restaurant in the E Hospital, which is a convalescent hospital operated by the Plaintiff (hereinafter “instant dormitory”), and the registration of transfer of ownership in the name of L on September 11, 2013.

2) On December 1, 2015, the Plaintiff: (a) leased the instant dormitory from Defendant and one other without a deposit; (b) by the 30th day of each month the rent payment date; and (c) from December 1, 2015 to November 30, 2017, the period of lease; and (c) on February 2, 2016, the Defendant completed the registration of ownership transfer for the instant dormitory on December 24, 2015.

4. On July 22, 2016, the Defendant would provide the Plaintiff with the land and the building on land as security to the bank in Ansan-si used by the E Hospital in order to pay the lease deposit, etc. for the dormitory of this case leased and used by the Defendant.

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