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1. The Defendant shall pay to the Plaintiff KRW 1,157,834,662 as well as 15% per annum from January 25, 2018 to the date of full payment.
Reasons
1. Facts of recognition;
A. The Plaintiff is a person who sells drugs in the trade name of “C,” and the Defendant completed a marriage report with the deceased D (hereinafter “the deceased”) on December 28, 1989 and became a legal couple, and the Plaintiff was divorced from the deceased on August 18, 2014 by the confirmation of February 23, 2016.
B. From around 2000, the Deceased operated the E Hospital jointly with the Defendant (hereinafter “instant hospital”), and opened a business account of the said hospital in his/her name, etc., carried out external affairs as the head of the said hospital, and died on September 15, 2016.
The defendant, around October 21, 2016, changed the name of the founder of a medical institution for the above hospital from the deceased to his/her own, and operated the above hospital alone.
C. On December 2015, the Plaintiff entered into a medicine supply contract with the Deceased (hereinafter “instant contract”) and supplied drugs to the instant hospital from around that time to September 13, 2017, but did not receive KRW 1,157,834,662 from the said hospital up to that time.
[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2 (including a branch number in case of a tentative number), Eul evidence 1, 3, and 4, witness F's testimony, the purport of the whole pleadings
2. According to the facts of determination as to the cause of the claim, the relationship between the deceased and the defendant is in a partnership relationship under the Civil Act for the joint operation of the instant hospital, and it is reasonable to view the deceased as the president of the instant hospital that he/she is an executive member of the said union. Thus, the deceased may conclude the instant
The partnership's obligations are jointly and severally borne by partners with the partnership's property, and when one of the two persons withdraws from the partnership, the partnership's relationship with the withdrawing party shall be terminated, except in extenuating circumstances, but the partnership is not dissolved.