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1. The plaintiff's primary claim and the conjunctive claim are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. 1) The Plaintiff is a party to the instant hospital (hereinafter “instant hospital”).
D) From July 2013 to July 8, 2013, the instant hospital served as the Deputy Director, and died on February 5, 2016, and as a co-inheritors of the deceased D (hereinafter “the deceased”) at the time of death, E was the Defendant, whose spouse is China and mother. However, on March 21, 2016, E filed an application for the Seoul Family Court Decision 2015Ma248 on the renunciation of inheritance with the view to conducting research for the health of the elderly, and further developing the affected hospital. 2) D became the sole inheritor of the deceased upon the receipt of the report of renunciation of inheritance on June 14, 2016.
B. 1) The Convention on Entrusted Operation between the Plaintiff and F (1) The Plaintiff’s representative director G with F around July 1, 2013; the F entrusted operation of the instant hospital for the period of five years from July 15, 2013; and the F, as a security for the entrusted operation, to the Plaintiff within the limit of KRW 1,00,000,000 per month, and KRW 40,000,000 per month in total (hereinafter “instant agreement”).
(2) Around that time, F paid KRW 1,00,000 to the Plaintiff according to the instant agreement. Since July 2013, F entrusted the instant hospital.
C. The details of money paid to the deceased 1) The Han Bank Account (I; hereinafter “the Deceased Account”) in the name of the deceased in the name of the Industrial Bank of Korea (H).
(2) From October 21, 2013 to January 15, 2016, the amount remitted or paid in cash to the deceased is KRW 280,000,000,000 in total, each month, as shown in the attached Table (i.e., the remittance amount of KRW 250,000,000 in cash) (i.e., the remittance amount of KRW 30,000,000 in cash payment of KRW 250,000). (ii) April 21, 2014, from the new bank account in the name of “J” corporation, the business partner of the Plaintiff, to the account of the deceased of this case, KRW 25,00,000 in total.