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(영문) 서울중앙지방법원 2015.04.23 2014가합58417
채무부존재확인 등
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. 1) D The Defendant’s hospital Head 1) The land and the ground buildings in Gwangju City E (hereinafter collectively referred to as “instant real estate”).

D) from the second half of 2012, the foregoing building (hereinafter referred to as “instant building”) was owned.

2) However, D could not directly open a hospital in its name because it did not intend to do so.

D around May 13, 2013, the defendant, who is a doctor, was employed in the monthly salary of KRW 17 million.

3) The Defendant worked as the head of the hospital from May 13, 2013 to September 12, 2013. (B) D decided to transfer the instant real estate that the Plaintiff prepared to open the hospital to another doctor, because it is difficult for the Plaintiff to operate the hospital thereafter in the instant building.

2) On September 2013, D, once between the Plaintiff and the Plaintiff, opened the hospital in the instant building; however, the Plaintiff agreed to settle the auction cost and distribute profits from the acquisition of the real estate at low price when the Plaintiff acquired the ownership of the instant real estate in the auction procedure. 3) On October 10, 2013, the Plaintiff (i) opened the “F” in the instant building (hereinafter “instant hospital”) in accordance with the foregoing agreement.

4) The Plaintiff employed G as a doctor to operate the instant hospital. C. The Plaintiff’s real estate acquired the instant real estate was set up the right to collateral security, which consists of the first special purpose company against the mortgagee, the debtor D, and the maximum debt amount of the instant real estate amount of KRW 6.5 billion.

2) D sold the instant real estate by auction and repaid its debts, and D, like B.2, intended to settle the costs and distribute profits when the Plaintiff acquired the ownership of the instant real estate in the auction procedure.

3. A. The first special purpose company of E.I.D. did not pay interest on the secured obligation of the said collateral in the amount of eight months in delay, and on September 16, 2013, the Suwon District Court of Sung-nam branch of Suwon District.

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