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(영문) 부산지방법원동부지원 2016.08.19 2015가합1504
약정금
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 Defendant medical corporation B (hereinafter “B”) is a medical corporation under the Medical Service Act established and operated for the purpose of establishing and operating a medical institution, and the Defendant C is a director of the foregoing B.

B. Defendant C and G enter into a partnership agreement on February 2, 2004 and their purpose is to provide welfare and support services for kidy disabled persons, establish and operate a medical institution with artificial extension rooms (hereinafter “F”). Defendant C and G enter into the partnership agreement on February 2, 2004, and contribute 250,000,000 won to Defendant C and 200,000 won to each other, and establish and operate a medical institution with artificial extension rooms (hereinafter “F”).

(2) Defendant C and G requested the Plaintiff to request for the high seas to establish the lease deposit and facility expenses of the Government Branch in order to raise funds for the establishment of the Government Branch of the F Council Branch of the Limited Partnership Company (hereinafter “Council Branch”).

3) The Plaintiff’s KRW 450,00,000 on April 14, 2004; KRW 215,000,000 on May 3, 2004; and KRW 115,00,000 on May 14, 2004; and KRW 450,000,000 on May 14, 2004 (hereinafter “the first payment”).

(1) The certificate of borrowing from January 2005 to August 16, 2004 (hereinafter “certificate of borrowing from August 16, 2004”) stating that the above KRW 450,000,000 shall be deposited and repaid in 20,000 each month (hereinafter “certificate of borrowing from August 16, 2004”).

(1) The agreement with the following contents (hereinafter “Agreement of August 16, 2004”) shall be as follows:

On September 14, 2004, each of them was drawn up by means of money loan contract notarial deeds and notarial deeds, respectively. On August 16, 2004, an obligee under Article 1 (Purpose) lent money loan notarial deeds to a debtor with a maturity of KRW 00,000,000 and borrowed them from the debtor. On January 1, 2005 through October 1, 2006, an amount of KRW 20,000 per day shall be paid in 22 installments from January 2005 to October 1, 2006. Article 5 (Amount of Damages) shall be paid in installments as KRW 10,00,000 on the balance as of November 1, 206.

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