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(영문) 인천지방법원 2018.08.28 2016가단233148
손해배상(기)
Text

1. The Plaintiff:

A. The Defendant Incorporated Association A and E jointly share KRW 40,898,184 and its related amount from February 24, 2010 to June 2018.

Reasons

1. As to the Plaintiff’s claim against A and E

(a)as shown in the reasons for the attachment of the claim;

(b) Judgment made by the confession of applicable provisions of Acts (Article 3 (2) 2 and Article 150 (3) of the Civil Procedure Act);

2. As to the plaintiff's claim against the defendant B, C, and D

A. Basic facts 1) Defendant Incorporated Association A (hereinafter “Defendant Incorporated”)

The purpose of promoting cooperation among missionary organizations is a nonprofit corporation established for the purpose of promoting cooperation among missionary organizations; Defendant B is the secretary general of the defendant corporation; Defendant C was a director with the authority to represent the defendant corporation from April 1, 2005 to November 17, 2008; Defendant D is a person with the authority to act as a director of the defendant corporation; Defendant E is a person with the position of the head of the management team of the defendant corporation and the head of the administrative director; Defendant E is a person who actually operated “F Council member”; Defendant corporation, Defendant B, D, and E was indicted for having a non-profit corporation establish a medical institution under the name of the defendant corporation, which is a non-profit corporation, to conduct medical treatment, and it became final and conclusive (Violation of the Medical Service Act of Incheon District Court 2009No407). The facts related to the instant case are as follows.

1. Medical personnel or a corporation or non-profit corporation established for the purpose of rendering medical services may establish a medical institution, but no non-profit corporation which may establish a medical institution may require any person, other than medical personnel, to establish a medical institution;

Defendant B, D, and C decided to establish and set up a medical institution in the name of the Defendant corporation, a non-profit corporation, and the non-medical persons agreed to pay subscription fees, deposits, monthly management fees, etc. in return for the establishment of the medical institution in the name of the said corporation.

Defendant B, D, and E conspired, from November 1, 2007 to July 31, 2008, in the building located in Yeonsu-gu Incheon Metropolitan City, with the name of the medical institution called “F Council” and the name of the medical institution called the “F Council” and employ medical doctors and nurses, and let the doctor do so.

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