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(영문) 수원지방법원 2018.11.22 2017가합25676
청구이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On December 18, 2015, the Defendant sold medical equipment listed in the separate sheet (hereinafter “instant medical equipment”) to Nonparty E, who operated the D Hospital, for KRW 2.1 billion.

B. On December 30, 2015, E entered into a medical device lease agreement with Nonparty F Co., Ltd. (hereinafter “F”) to require F to pay KRW 2 billion for the instant medical equipment, and E from F to December 25, 2020, with respect to the instant medical equipment, the lease term of E was from December 30, 2015 to December 25, 2020, with respect to the instant medical equipment, KRW 36,805,973 (Provided, That the first, the first, the first, the amount was KRW 35,718,302, and the 60th, the amount was KRW 36,783,269). After the lease term expires, E entered into a medical device lease agreement with the content that the instant medical equipment was transferred without compensation.

(hereinafter “instant lease agreement”). C.

On December 30, 2015, the Defendant received KRW 2 billion from F, and thereafter lent KRW 1.4 billion to E on the same day, and E, as to the borrowed amount of KRW 1.4 billion, the Defendant drafted a notarial deed of a monetary loan contract for consumption with a notary public under the No. 315, No. 2015, No. 315, 2015.

On July 25, 2016, the Defendant was forced to commence compulsory auction on the building and site of D Hospital based on the Notarial Deed on KRW 1.4 billion.

On June 2016, the Plaintiff received investment in, and a partnership with, D Hospital from G, who is a partner of E and E, and came to know about the debt amounting to KRW 1.4 billion to the above H’s Defendant in the process of confirming various debt obligations with respect to D Hospital, as well as the fact that the decision to commence compulsory sale was made and the existence of the instant lease agreement was made.

On August 25, 2016, the Plaintiff entered into a partnership agreement with E and G, wherein the Plaintiff invested KRW 3 billion, KRW 1 billion each, and KRW 5 billion each, and KRW 60%, KRW 20%, and KRW 20% each ratio of shares in D hospitals.

E. The Plaintiff pays KRW 200 million to the Defendant to withdraw the Defendant’s application for compulsory auction, and on August 26, 2016, as to the remainder of KRW 1.2 billion to the Defendant as the obligor, and the Plaintiff as the joint guarantor.

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