Text
1. The plaintiff's appeal and the claim extended in the trial are all dismissed.
2. The costs of the lawsuit after the appeal are filed.
Reasons
Basic Facts
The defendant is a non-profit foundation established for the purpose of preventing industrial accidents, maintaining safety and health of workers, promoting health management, etc., and has established and operated a medical institution in accordance with Article 33 (2) of the Medical Service Act. The defendant has four separate sources in Seoul Mapo-gu, Daejeon, Port, and U in this case.
The plaintiff is engaged in the wholesale business of drugs in the name of E, and was appointed as the defendant's director on May 1, 2015.
On November 16, 201, the Defendant established and operated a branch of the U branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the Seoul Metropolitan Government H neighborhood living facilities (hereinafter “the building of this case”) 2 and 3rd of the branch of the H,
On May 13, 2014, the Defendant changed the name of the above Kwon to “B Lwon” as an incorporated foundation (hereinafter “Lwon”) and reported the resumption of operation.
Lwon de facto terminated the operation on September 2016 and closed on November 18, 2016.
The plaintiff actually took exclusive charge of the management and operation of the L Council members by paying all expenses necessary for the operation of various hospitals, such as wages for the intention and employees of the L Council members, hospital rents, public charges, etc. from the commencement of the L Council members' business.
[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 7, and summary of the argument of the parties to the overall argument, the plaintiff filed a claim for the drug price with Lwon from November 25, 2011 to September 28, 2016, and the plaintiff was not paid KRW 177,397,876 out of the price.
Therefore, the defendant is obligated to pay 177,397,876 won to the plaintiff.
At the time of the K Council member's opening of the claim for reimbursement of expenses, the defendant representative G received KRW 110 million for the premium from the pharmacist who established a pharmacy on the first floor of the building of this case, and the plaintiff guaranteed the obligation to return the premium to G M, which is so.