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1.The judgment of the first instance shall be modified as follows:
The plaintiff's lawsuit against the defendant 85,797,275 won and this.
Reasons
1. Basic facts
A. On August 24, 2009, the Plaintiff leased KRW 501,00,000,000,000 from D, the owner of May 5th, 200 (hereinafter “501”) of the building C, Yongsan-gu, Yongsan-gu, Yongsan-gu, Seoul, for the lease deposit of KRW 100,000,000,000,000,000,000,000 from September 7, 2009 to September 6, 2014. The Plaintiff leased the lease deposit of KRW 601,00,000,000,000,000,000,000,000 from September 7, 2009 to September 6, 2014.
B. The Plaintiff paid KRW 100 million each of the lease deposit to D and E according to each of the above contracts.
C. Around November 2009, D and E drafted each lease agreement with the Defendant, who is a doctor, that leases items 501 and 601 retroactively to August 24, 2009 as of the date of concluding each of the above contracts under the same conditions as the above contracts.
(hereinafter “each of the instant lease agreements”) D.
The defendant operated the F Hospital (hereinafter "the hospital of this case") in each of the above real estate, and around July 7, 2010, the above building No. 701 et al. is '701 et al.'.
(E) A lease agreement with G, the owner of which made a security deposit of KRW 10,00,00 out of the lease deposit, and paid KRW 50,00,00 out of the lease deposit, and extended and operated the said hospital. E. The Defendant transferred the instant hospital to H, the doctor of September 28, 201, with KRW 2 billion, and received KRW 300,000,000 out of the said purchase price. (1) After the lapse of the criminal case, the Defendant conspired with K, which is not a medical personnel, established the instant hospital in collusion with the Defendant from December 2, 2009 to July 15, 2010, by acquiring KRW 931,701,680 from the National Health Insurance Corporation under the pretext of medical care benefit expenses (Fraud, and by taking fraud, the Seoul Central District Court was prosecuted on the charge of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (the crime of fraud and the Medical Service Act).