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1. The Defendant shall pay to the Plaintiff KRW 315,02,517 and the interest rate of KRW 20% per annum from March 6, 2014 to the day of complete payment.
Reasons
1. Circumstances leading to the dispute of this case;
A. In around 2010, the Defendant and C entered into a partnership agreement with the Defendant and C to jointly operate the “E Hospital” (hereinafter “instant hospital”) in Bupyeong-gu Incheon, Bupyeong-gu, Incheon.
However, since the defendant and C respectively established and operated different hospitals, they could not establish a new hospital in the name of the defendant or C, so the founder of the instant hospital formally decided to be the plaintiff.
B. Accordingly, on June 8, 2010, the Defendant and C filed a report on the establishment of the instant hospital with the Plaintiff as the founder of the instant hospital, and on June 10, 2010, registered the business of the instant hospital under the Plaintiff’s name and changed the business registration into the joint name of the Plaintiff and the Defendant on July 13, 2010.
The Plaintiff left the hospital on January 1, 201 while working as a monthly salary at the instant hospital. On January 3, 2011, the Defendant changed the name of the business operator of the instant hospital to the Defendant’s sole name.
C. Meanwhile, the Defendant invested 150,000,000 won in the instant hospital from February 22, 2010 to May 26, 2010, and invested 300,000,000 won from a company bank on February 1, 201, and invested 450,000,000 won under the initial agreement of the same business.
Around August 2012, the Defendant and C terminated the partnership agreement, and on October 15, 2012, concluded a contract on the transfer and acquisition of the Defendant’s equity (hereinafter “instant transfer and acquisition contract”) with the content that C will take over the shares it acquired in connection with the operation of the hospital in order to liquidate the partnership relationship.
In relation to the above contract, with respect to loans of KRW 300,00,000 that the Defendant received from an enterprise bank in order to raise funds for the instant hospital, the Defendant and C shall formally take over the Defendant’s above obligations against the enterprise bank in their own name, but the Defendant shall pay interest and principal.