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(영문) 서울남부지방법원 2018.08.21 2017가단205336
손해배상(국)
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On November 5, 201, the Plaintiff filed a complaint with the Seoul Yangcheon Police Station for D, E, and F (hereinafter referred to as “D and E”) as a criminal charge, and the summary of the criminal charge is as follows.

The suspects and F, despite having no intent or ability to repay money even if they borrowed money from the Plaintiff, conspired with the Plaintiff on November 2009, that “To purchase the Seo-gu G land and building in Daejeon and lease the hospital, and if the purchase fund lends KRW 350 million to the Plaintiff, the Defendant would receive the deposit for the deposit of the above building and pay KRW 350 million, if the purchase fund is lent to the KRW 300 million, the Defendant received the deposit for the deposit of the above building and received the money from the Plaintiff seven times from December 2, 2009 to May 1, 2010, and acquired the money from the Plaintiff.

6. The complainants related to the investigation results and opinions of the suspect, and the relationship between the suspect and the complainants, who had been under litigation to nullify the resolution of nullity by the board of directors on or around 2005, became aware of the suspect's counterpart attorney-at-law as to the takeover of the management right of the H Hospital, and thereafter have come to have a good relationship with the suspect; hereinafter omitted. In relation to the takeover of the existing H Hospital by the complainants and the suspect D, rather, he was in charge of the suspect's side and loss and the legal affairs on the suspect's side, and received a total of 37 million won appointment fees under its pretext.

(Records 136 pages, Record 190 pages) Defendant D borrowed a total of KRW 5.7 million from the complainant during the process of accepting and operating the I Hospital from August 1, 2008 to August 6, 2009 (Records 137-142 pages). On August 1, 2008, Defendant D borrowed a total of KRW 3.2 million from October 23, 2008 to KRW 3.22 million from the interest rate of KRW 5.5 billion (Records 592 pages), and repaid the remainder to the Defendant including the amount of KRW 10 million from August 24, 2008.

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