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Reasons
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(영문) 수원지방법원평택지원 2013.08.16 2012가합4055
대여금
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1. The Plaintiff:

A. As to the Defendant C’s KRW 1,867,897,940 and KRW 441,415,065 among them, the Defendant C shall start from November 20, 209;

Reasons

1. Basic facts

A. The Defendant Medical Corporation B (hereinafter “Defendant Foundation”) was established on April 27, 1995 for the purpose of establishing and operating a medical institution, and the Plaintiff served as the president of each Defendant Foundation from August 31, 2006 to November 22, 2007, and Defendant C from November 22, 2007 to November 22, 2010.

Defendant D is a doctor working for the hospital affiliated with the Defendant Foundation.

B. On July 31, 2006, Nonparty 1 Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) entered into a contract with Nonparty E on July 31, 2006 to comprehensively take over the assets, liabilities, etc. of Defendant Foundation; hereinafter “Agreement on July 31, 2006”).

The main contents of the instant case are as follows:

- - The following:

1. Of the major liabilities of a corporation subject to acquisition, the amount of provisional receipts shall be KRW 1,974,415,065;

(A) On February 2, 198, the amount of KRW 1,136,481,875, which is recognized by mutual agreement, shall be paid in a manner designated by E, as regards the difference between the amount of virtual provisional receipts and the amount of provisional receipts on tax books.

(Special Agreement) As of July 31, 2006, the sum of E in 2,646,897,940 won as of July 31, 2006, and the sum of F in 464,00,000 won, and the sum of D in 3,110,897,940 won.

(A) No. 9-7, 12). Accordingly, E resigned from the president of the Defendant Foundation on August 31, 2006, and the Plaintiff was appointed to the president of the Defendant Foundation on the same day.

C. On November 2, 2007, the Plaintiff entered into a contract with Defendant C, D, and Nonparty G to transfer the status of president of the Defendant Foundation on November 2, 2007. The Plaintiff entered into an agreement with Defendant C, D, and Nonparty G on November 2, 2007.

The main contents of the instant case are as follows:

- - The following:

1. Defendant C, D, and Nonparty G (Defendant C) succeeded to the president’s position of Defendant Foundation if the amount of loans of KRW 200 million on October 30, 2007 and the amount of loans of KRW 300 million on November 2, 2007 succeeds to the president’s position.

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