beta
Text
1. The Defendant’s KRW 231,739,487 as well as the Plaintiff’s annual rate from August 5, 2016 to January 13, 2017, and the following.
Reasons
1. Basic facts
A. (1) On May 29, 2014, the Plaintiff engaged in wholesale and retail business on medical appliances, etc. with the trade name called “C,” prepared a sales contract stating that the Plaintiff would sell a medical device equivalent to KRW 332,402,455 (hereinafter “the instant medical device”) to the E Hospital located in “Eacheon-si” (hereinafter “the instant hospital”), which is owned by the Defendant, and that the sales price shall be paid by June 30, 2014 (hereinafter “the instant sales contract,” and “the instant sales contract”) and the Defendant remitted KRW 20,000,000 to the Plaintiff’s financial account around the 30th of the same month following the date following the contract.
(2) At the time of the preparation of the instant sales contract, the Plaintiff demanded F to sign and seal the Defendant’s signature and seal on the instant sales contract to F working at the said funeral hall because the Defendant was not in the place, and F affixed a stamp stating “E Hospital Funeral Home B” to the buyer column of the instant sales contract.
B. As to the instant sales contract, the Defendant and F were convicted on September 7, 2015 of the lower court’s branch of Suwon District Court 2015Kadan878, which was based on the following criminal facts, including fraud, and the Defendant, who was the Defendant, was appealed and pending in a criminal trial as the current Suwon District Court 2016No6517.
Defendant
B Operation of the funeral hall attached to the E Hospital located in Gyeonggi-do, and was placed in the position of not receiving KRW 300 million due to the failure of G, which is the operator of the said hospital, and was awarded a successful bid in the auction procedure around April 29, 2012, the building of the said hospital and the funeral hall, etc., and Defendant F is a person who served as a director in the said G while serving as a director in the said funeral hall after the said foundation was defaulted.
The Defendants, around May 29, 2014, take over the hospital from the victim A at the above building parking lot office.
The main hospital should be operated as soon as possible by opening the hospital and inserting a medical device into H.