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(영문) 부산고등법원 2018.01.17 2016나53428
대여금
Text

1. The plaintiff's rehabilitation claim B against the plaintiff's rehabilitation debtor B according to a change in exchange at this court.

Reasons

1. Basic facts

A. 1) The Plaintiff is a medical corporation C Medical Foundation (hereinafter “C Medical Foundation”)

2) On June 19, 2006, the rehabilitation debtor B (hereinafter referred to as the “B”) served as the head of the planning office of the E Hospital and was appointed as the director of the F Medical Center F Medical Foundation (hereinafter referred to as the “F Medical Foundation”) on July 11, 2014 as the Seoul Northern District Court Decision 2014Kahap499 on the provisional disposition order by Seoul Northern District Court 2014.

3) B is a corporation D (hereinafter “D”) established on April 21, 2006 for the purpose of wholesale and retail business of medical appliances.

(2) Around June 2007, D was appointed as the representative director, and D was dissolved on December 30, 2008. Around June 1, 2007, D requested the director of E Hospital including the Plaintiff to lend money as required for D’s land purchase funds to build a hospital. Accordingly, on June 15, 2007, the Plaintiff received a loan of KRW 150,000 from the Industrial Bank of Korea from June 15, 2007, and transferred the passbook to B. (c) The Plaintiff entered into a monetary loan agreement with Cmedical Foundation as follows:

(1) On June 15, 2009, the Plaintiff concluded a loan of KRW 150,000 to the C Medical Foundation (hereinafter “instant loan”). (Article 1)

The CMedical Foundation borrowed this. The composition of the borrowed amount consists of KRW 150,000,000 in cash for bank loans under the name of the Plaintiff. [Article 2] The due date for repayment of the borrowed amount shall be June 15, 2012. [Article 3 Bank loans interest shall be paid to the Bank by the Foundation in the form of a loan passbook monthly at the rate of bank fluctuation.]

On the other hand, CMedical Foundation did not repay the loan of this case to the Plaintiff until now.

C Medical Foundation's decision to commence rehabilitation procedures for C Medical Foundation shall be October 2015.

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