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1. The Defendant’s KRW 24,00,000 as well as 5% per annum from November 28, 2013 to October 17, 2014 to the Plaintiff.
Reasons
1. The Plaintiff, as the cause of the Plaintiff’s claim, acquired medical devices, etc. indicated in the separate sheet No. 1 attached hereto owned by C from C (hereinafter “the first medical device”). While the Defendant had been entrusted with the said hospital from C, he arbitrarily sold the first medical device and incurred damage equivalent to KRW 142 million, which is the exchange value, to the Plaintiff.
Therefore, the defendant is obligated to pay the plaintiff the above damages amounting to KRW 142 million and damages for delay.
2. Facts of recognition;
A. A. From March 2008, F, the actual operator of the Plaintiff (former Name: E) entered into a contract with C on the following terms: “F and C jointly operates the Plaintiff; “C shall transfer the ownership of a medical device, etc. owned by D Council members and the right to manage the hospital for which the Plaintiff exercises management rights, and “F shall transfer the management rights to the Plaintiff; and “C shall transfer 200,000 shares out of the issued shares of the Plaintiff currently owned to C and appoint C as the representative director; and “C shall transfer the ownership of the second medical device to the Plaintiff pursuant to the said contract.”
B. Around March 2009, C entered into an agreement with the Defendant to operate the said hospital on behalf of the Defendant for a period during which the Defendant could not operate D Council members, if he/she is detained in a criminal case.
C. Upon the actual detention of C on March 27, 2009, the Defendant was convicted on the ground that, from April 1, 2009, the Defendant arbitrarily transferred the secondary medical device to G on June 28, 2012 while operating the said hospital, and thereby, was found guilty on August 12, 2014.
The exchange value at the time of the Defendant selling the second medical device to G is a total of KRW 24 million as indicated in the “Exchange Value” column in the attached Table 2 list (= KRW 10 million per KRW 6 million per KRW 4 million per KRW 5 million per KRW 5 million).
[Grounds for recognition] Gap 1, 2, 6, Gap.