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(영문) 서울중앙지방법원 2017.08.25 2016가합503195
물품대금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 200,000,000 won and 6% per annum from December 1, 2013 to February 3, 2016.

Reasons

1. As to the claim against the defendant B

A. The part on the above defendant among the reasons for the attachment to the indication of the claim and the changed reasons for the claim

(However, according to the judgment of paragraph (2) below, joint liabilities with Defendant C shall be recognized. (b)

Articles 230(3)2 and 150(3) of the Civil Procedure Act of the applicable provisions of Acts (a judgment made by a person who is deemed as a foreigner)

2. As to the claim against the Defendant C (hereinafter “Defendant”)

A. Basic facts 1) The Plaintiff is a company that operates the business of selling and leasing medical devices and equipment, and Defendant B and the Defendant are the persons holding a medical license. (2) Defendant B registered the business of the “E Hospital” located in Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “instant hospital”) around April 5, 2010 under its own name.

3) The Plaintiff supplied the instant hospital with medical devices and equipment totaling KRW 1,067,023,440 from May 201 to October 2013 (hereinafter “instant goods transaction”). The hospital repaid KRW 300,945,00 out of the said money (the payment date for the stop is KRW 766,07,078,440 (=the remainder of the goods payment amount is KRW 1,067,023,440 - KRW 300,945,00).

【On the other hand, the hospital closed its business at the end of 2014. The hospital closed its business at the end of the end of 2014. 【Ground for Recognition】 the fact that there is no dispute, A’s No. 1, 2, and 4

each entry, the purport of the whole pleading

B. The plaintiff asserts that ① the person who actually established and operated the instant hospital is the defendant, and the defendant Eul is merely the head of the hospital employed by the defendant as a person who has lent only the business registration name of the instant hospital, or ② the defendant and the defendant Eul jointly operated the instant hospital, and thus, the defendant is liable to pay the price of the goods jointly with the defendant Eul.

In this regard, the defendant asserted that he was only a creditor who lent funds for the operation of the hospital to the defendant B, and that he did not have been involved in the establishment and operation of the hospital.

C. Whether the Defendant actually operated the instant hospital

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