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(영문) 광주고등법원 2019.10.30 2018나20261
손해배상(기)
Text

1. Of the part concerning the principal lawsuit in the judgment of the court of first instance, the following amount constitutes an additional payment order.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. 1) The Plaintiff is a doctor who operated the Busan Northern District AD’s father and hospital, and “AE Hospital” in her husband L and her mother in her father, and the Defendant is a medical corporation C Medical Foundation (hereinafter “instant Medical Foundation”).

(2) On December 27, 2012, the instant medical foundation operated a hospital with the name of “H hospital” (hereinafter “instant hospital”) as a non-profit medical corporation established as a fundamental property of the building building in Nam-gu, Gwangju (hereinafter “instant building”), the second floor F, and the third floor G from January 17, 2013. From January 17, 2013, the instant medical foundation operated the hospital as part of the instant building’s underground floors E, the first floor E, Qho, the second floor F, the third floor G and the fourth floor T (hereinafter “instant hospital”).

B. According to the statement of financial position as of June 30, 2014 of the instant Medical Foundation as of June 30, 2014, according to the statement of financial position as of June 30, 2014, the total assets total amount of KRW 5,480,030,452 is KRW 3,495,094,584, and the total assets total amount of KRW 1,984,935,868, among the liabilities of the instant Medical Foundation, KRW 1.577,00,00 among the liabilities of the instant Medical Foundation were borrowed from AF by the instant Medical Foundation, which was owned by the instant Medical Foundation, as a joint collateral for securing the said obligations.

In addition, 963,466,216 won is included in the item of the provisional debt on the statement of financial position (joint debt), which is the obligation to be borne by the defendant.

3) As seen below, the instant medical foundation is connected to the first floor Q of the instant building No. 1st floor E from the Defendant. As such, it can be deemed that the instant building No. 1st floor Q of the first floor was practically leased. A lease deposit was set at KRW 600 million, monthly rent of KRW 9 million, and the lease deposit amount was set at KRW 602,00,000 in the said statement of financial position (other non-current assets).

C. The instant case.

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