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(영문) 수원지방법원 2016.07.19 2015가단15890
보증금반환
Text

1. The Defendant’s KRW 170,000,000 as well as 20% per annum from March 3, 2015 to September 30, 2015 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Defendant, at the third floor of the building Heungdong-gu B (hereinafter referred to as the “unauthorized Military”) operated independently from the financial or accounting affairs, and operated independently from the 4 to 9th floor of the building C in the financial or accounting affairs, and both mental disease ward, general disease ward, and health examination center (hereinafter referred to as “mental disease ward, etc.”) shall be called “D hospital” and the name of the business operator shall be the Defendant, and the use of equipment and facilities of the relative hospital shall be settled every month and shall be transparent in the operation of the D hospital.

The defendant completed business registration on September 28, 201, and reported the establishment of a medical institution on October 14, 201, and thereafter operated the hospital business.

B. As the Defendant was commissioned as the president of the D Hospital, the Defendant opened all documents and bank accounts related to the operation of the hospital under the name of the Defendant, and furthermore, the joint and several sureties and the card for business operator in accordance with the lease execution necessary for the operation of the hospital was also the name of the Defendant, and for this purpose, the Defendant’s seal on the name of the Defendant was assigned to the duties and employees.

In the public bank interest branch, there was a bank account opened on September 29, 201 (hereinafter referred to as the “Account”) in the name of the Defendant, which was established on September 29, 201, a Gin bank account opened on September 29, 201 (hereinafter referred to as the “Account”); a Hin bank account opened on September 30, 201 (hereinafter referred to as the “Account”); and (4) an Iin bank account opened on November 28, 201 (hereinafter referred to as the “Account”).

(1) The account is a deposit and withdrawal account operated independently by C; and (2) The account is used as a deposit and withdrawal account with a department operated independently by Defendant, and is used as a deposit and withdrawal account with each Health Insurance Corporation, each insurance company's deposit and withdrawal account, and employees' benefits, etc.

C. On March 5, 2012, the networkJ of the Plaintiff’s former representative director is the name of the Defendant from the Plaintiff Company Bank Account to K, who is an accounting employee.

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