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(영문) 부산고등법원(창원) 2017.07.20 2016나24034
대여금
Text

1. Of the judgment of the first instance court, the part against the Defendants against Plaintiff D shall be revoked.

2. The above-mentioned cancellation part.

Reasons

1. Basic facts

A. Defendant E and H’s business partnership agreement 1) Defendant E and H around March 2012 i.e., the window of Changwon-si, Changwon-si (hereinafter “instant building”)

301, 302, and 303 (generally referred to as “three-story”)

J Hospital (hereinafter referred to as “instant hospital”) leased

Defendant E and H agreed to jointly operate the instant hospital. (2) From April 2012 to March 3, 2012, Defendant E and H invited from the third floor of the instant building to the hospital head, and Defendant E had the head of the administrative office and the H jointly operated the instant hospital as a planning director’s position, and on August 16, 2012, changed the hospital head to K.

B. Defendant E and H were awarded a bid for the second floor of the instant building, which had been conducting an auction on November 26, 2012, in the name of K. (2) Defendant E and H contributed to the second floor of the instant building on February 20, 2013, and established Defendant medical corporationG (hereinafter “Defendant corporation”). Defendant E and H assumed office as a director with the power of representation, and H, respectively.

3) Defendant E and H wanted to receive the third floor of the instant building where the auction was in progress, but failed to win the successful bid, and subsequently purchased the third floor of the instant building from the development of the Artificial Industrial Development Co., Ltd., the owner on May 29, 2013, and completed the registration of ownership transfer in the name of Defendant E. (C. (1) Defendant E resigned from the office of representative of the instant hospital on October 19, 2013 on the ground of the enemy of the instant hospital’s instant hospital’s operation to H on the sole basis of its two directors, and H operated the instant hospital from around that time.

2) On February 13, 2014, H entered into an agreement with P, a co-Defendant F’s son of the first instance trial on February 13, 2014, with the content that P, instead of investing KRW 500 million in the Defendant corporation, H, to transfer 30% of the shares in the Defendant corporation, to P. 3) Defendant E and H, entered into an agreement with the wife Q, etc. of F on February 20, 2014, to transfer the Defendant corporation to KRW 1 billion.

4 H As between Q and Q on June 30, 2014, Q is the Defendant.

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