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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. In a lawsuit claiming the return of loan filed by the Plaintiff with C as the Defendant, the Busan District Court ruled on July 18, 2014 that C shall pay to the Plaintiff KRW 220 million and damages for delay.
(2013Gahap101479) and C appealed, and the Busan High Court rendered a judgment dismissing C’s appeal on December 10, 2015 (No. 2014Na52708) and the above judgment became final and conclusive around that time.
In the reasoning of the above judgment, the above court concluded a business agreement between C and D that the Plaintiff made an investment of KRW 600 million, KRW 300 million, and KRW 200 million, and KRW 220 million,000,000,000,000,000 to C pursuant to the above agreement, and paid to C as a total of March 13 and May 2, 2013. The above business agreement was concluded for the purpose of operating the elderly convalescent hospital with the aim of pursuing profit. Since the above business agreement was concluded for the purpose of operating the elderly convalescent hospital with the aim of pursuing profit, C is null and void in violation of the Medical Service Act, and even if the above business agreement was valid, C is obligated to pay the Plaintiff the above 200,000,000,000,0000,000,0000,000,000,000 won, as a copy of the above lawsuit, as the Plaintiff’s claim for dissolution of the remaining property.
【Ground of recognition】 Each entry of evidence Nos. 1 and 2, and the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion C is obligated to pay KRW 220 million to the Plaintiff according to the instant judgment.
However, around February 17, 2014, C donated KRW 230 million to the Defendant, who is the wife of C, in excess of its obligation, and the Defendant, on February 17, 2014, extended loans to the interesting mutual savings bank (hereinafter “interesting mutual savings bank”).