logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원성남지원 2016.09.23 2015가합207217
손해배상(기)
Text

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

2. The costs of lawsuit are assessed against the Plaintiff.

Reasons

1. Basic facts

A. The parties concerned are those who lent money to the Open Social Education Welfare Foundation (hereinafter “Non-Party Foundation”), and the Non-Party Association is a person who assumed the obligations of the Plaintiff of the Non-Party Foundation, and operates the Evalescent Hospital (hereinafter “Non-Party Hospital”).

Defendant Company lent money to Nonparty Association as a credit business company, and Defendant B is the representative of Defendant Company.

B. On August 1, 2013, the Plaintiff, including the Plaintiff’s claim against the Nonparty Foundation and the Association, lent money several times to Nonparty Foundation KRW 500 million, and had a debt of KRW 1.6 billion. Around December 2014, the Nonparty Association acquired the Nonparty Hospital from Nonparty Foundation, and took over the debt of KRW 1.6 billion against the Plaintiff of Nonparty Foundation, and the Plaintiff consented thereto.

C. After the non-party association’s receipt of the above loan debt, the Plaintiff and the non-party association on December 26, 2014, the notary public lent KRW 1.6 billion to the non-party association on August 1, 2013. Of them, the KRW 500 million was repaid monthly interest from January 30, 2015 to July 30, 2018, and KRW 300 million was paid in KRW 30 million on March 30, 2015, and KRW 200 million on December 30, 2015, and paid KRW 15% per annum to the non-party association on December 15, 2014 and KRW 200 million per annum to the non-party association on December 26, 2014 (hereinafter “notarial deed”).

The non-party association that borrowed money from the non-party association and transferred medical expenses of the non-party association borrowed 500 million won per annum from the defendant company on January 2015 and 24% per annum on April 17, 2015, respectively. The non-party association that currently holds the non-party association with respect to the National Health Insurance Corporation (hereinafter "the non-party association") or transferred 5 billion won each of the medical expenses claims to be held in the future.

arrow