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(영문) 창원지방법원마산지원 2013.03.08 2011가단2015
부당이득금 반환
Text

1. Defendant B and C shall pay 100,000,000 won to each Plaintiff and 20% per annum from May 20, 201 to the date of full payment.

Reasons

1. Basic facts

A. Defendant B and C’s fraud crime 1) H of the Medical Foundation H of the Medical Corporation, which was located in the YF around March 4, 2010, around March 4, 2010 (hereinafter “instant hospital”).

(2) The term of the contract was extended to December 31, 2010, and the term of the contract was extended to December 31, 2010, and the contract was extended to KRW 400 million until September 25, 2010, and KRW 500 million until September 25, 2010, and the contract was concluded again with I to pay KRW 7.5 billion to the above hospital, among the acquisition funds of KRW 10.5 billion, and the remainder of KRW 3 billion to the defendant B and the above hospital management. Since the contract was concluded, E did not perform the above contract, and E requested to raise the acquisition funds of the above hospital by September 4, 2010, and the contract was extended to KRW 400 million until September 15, 2010 and KRW 500 million to the part payment by September 25, 2010, the Defendants were also involved in the above hospital management.

3) When Defendant B, C, and E, which had no funds, received a demand for the performance of the contract from the I, they were introduced through L to borrow KRW 100 million from K on September 30, 2010, and continued to borrow the acquisition fund. 4) Defendant B, Defendant B, and C have no property, nor are they capable of taking over the instant hospital because they have an excessive debt with the amount of unpaid tax, and Defendant B, and C have no capacity to take over the instant hospital even if they have borrowed money from the Plaintiff, even though they had no capacity to pay the money, they were in collusion with the Plaintiff at the missionary work office of the instant hospital, and on October 8, 2010, in collusion with the Plaintiff at the time of the instant hospital’s mission office, “the hospital was in difficult circumstances to operate, but only KRW 300 million,000,000,000,000,000,000 won, loan money to the effect that it would establish a hospital after the loan to the Plaintiff.

5..

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