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(영문) 광주고등법원 2015.06.12 2013나4523
대여금
Text

1. The plaintiff's appeal and the plaintiff's selective claim added in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. As a doctor, D(Name E) and F entered into a construction contract with the Non-U.S. Special Metropolitan City Construction (hereinafter “Non-U.S. Special Metropolitan City Construction”) around February 2010, while operating a V hospital in the building of the 4rd land outside the Yannam-gun, Bosung-gun, Chungcheongnam-gun, and the building of the said building by expanding, remodeling, and remodelling the said building and operating it as a convalescent hospital.

In the process, the Plaintiff decided to establish a medical corporation as promoters with five persons, including D, around March 15, 2010, at the request of F, the Plaintiff, who is a private money, and applied for permission to establish a medical corporation on or around May 6, 2010 after he/she was appointed as the president of the Defendant and applied for permission to establish the medical corporation on or around May 14, 2010, and completed the registration of incorporation on June 14, 201 and served as the president until November 13, 201.

Around June 2010, the above expansion, remodeling and remodeling Corporation entered into a double contract for construction works under the name of the defendant and continued around September 2010. Around that time, civil litigation was continued between the non-spool Construction, the contractor, and around November 201, the construction was resumed by another contractor and completed around May 2012.

Meanwhile, between August 3, 2010 and February 17, 2012, the Plaintiff remitted total of KRW 302,103,571 to the head of the Tong under the name of the Defendant (hereinafter referred to as “each of the instant transfers”) as shown in the attached table of remittance between August 3, 2010 and February 17, 201. On the other hand, on February 8, 2010, the Plaintiff purchased the Gel located in Gwangju North-gu R, Gwangju, and remodeled it to the convalescent hospital, and had D and F work as the head of the relevant hospital (hereinafter referred to as “related hospital”).

[Facts without dispute over the basis of recognition, Gap evidence 1 through 7, 14, 31, Eul evidence Nos. 1, 3, 5, 7, 12, 13, 14, 25

each entry, the purport of the whole pleading

2. The parties' assertion

A. The Plaintiff’s assertion is between August 3, 2010 and February 17, 2012, after assisting the establishment of the Defendant upon the F’s request by the F, etc.

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