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1. All of the plaintiffs' claims that were changed in exchange in this court are dismissed.
2. The total cost of the lawsuit.
Reasons
1. Basic facts
A. The Plaintiff medical corporation A (hereinafter “Plaintiff Foundation”) is a non-profit medical foundation established on June 17, 201 for the purpose of establishing and operating medical institutions, and Plaintiff B is the representative of the Plaintiff Foundation.
B. On September 14, 201, the Plaintiff Foundation entered into a contract with C to take over all of the equipment, facilities, and medical records of the instant hospital operated by the Plaintiff Foundation C, and operated the instant hospital. The Plaintiff Foundation has been operating the instant hospital.
C. The Defendant is a person who operated a funeral hall under the ground of the instant building.
【Ground of recognition】 Evidence No. 1, Evidence No. 3, Evidence No. 1, and Evidence No. 1, and the purport of the whole pleadings
2. Plaintiff B, the representative of Plaintiff Foundation, deposited KRW 60 million in the Defendant’s account for the purpose of paying the unpaid rent for the instant hospital. The Defendant paid only KRW 40 million out of it as unpaid rent, and used the remainder KRW 20 million for personal purposes, not for rent, and thus, the Defendant is obligated to return the amount of KRW 20 million to the Plaintiffs as unjust enrichment.
3. Determination
A. (1) On January 11, 2012, the Defendant was indicted for the crime of embezzlement of Plaintiff B’s property and received a summary order of KRW 200,000,000 from Seoul Southern District Court Decision 201Da21759, which issued a fine of KRW 2,000,000,000 on January 11, 2012, while the Defendant received and kept the transfer of KRW 60,000 from the Defendant’s wife’s account under the Defendant’s name upon receipt of a request from the lessor to pay the fees for default of the instant hospital. The said summary order is without the Defendant’s formal trial.