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1. The defendant's assistant intervenor's motion to intervene shall be dismissed;
2. The plaintiff's claim is dismissed.
3. Of the costs of lawsuit.
Reasons
1. Basic facts
A. The Plaintiff and the Defendant’s Intervenor’s Intervenor’s Intervenor’s funeral home lease 1) The Plaintiff and the Defendant’s Intervenor’s Intervenor are medical corporations D (hereinafter “Foundation”) with the Defendant’s representative director around February 2008.
(2) The Defendant Intervenor paid KRW 150,000,000 to the Foundation for the rent deposit in KRW 200,000,000, and jointly operated the F Hospital funeral home located in the previous North Korea E. However, each of the lease deposit was paid KRW 100,000,000 on April 7, 2008. However, the Defendant Intervenor agreed to pay KRW 150,000 to the Foundation for the rent deposit at KRW 100,000,00 in addition to the increased portion. (2) Accordingly, the Defendant Intervenor paid KRW 150,00,000 to the Foundation. Although the Plaintiff drafted a funeral contract with the Foundation around April 7, 2008, the Plaintiff actually paid KRW 30,000,000 out of the lease deposit, and the remainder was not paid.
B. On June 30, 2008, the F Hospital Foundation concluded a special agreement to improve its financial structure with the Han Bank Co., Ltd. (hereinafter “I Bank”), a creditor, on June 30, 2008.
C. On December 19, 2008, the Plaintiff and the Foundation concluded a management consignment agreement between the Plaintiff and the Foundation with the Foundation to entrust the management of the F Hospital. All expenses incurred in the operation of the hospital during the period of entrustment are borne by the Plaintiff, and all expenses incurred before the contract date are borne by the Foundation. The Korean Medical Insurance Corporation submitted a written consent to the payment of medical expenses to a single bank to deposit the expenses into the account designated by the Plaintiff. (2) On December 30, 2008, the Defendant, as the representative director of the Foundation, is responsible for the Plaintiff’s repayment of the obligations incurred before entering into the management consignment agreement. (3) The Defendant actively cooperates with the Plaintiff’s operation of the hospital and the Plaintiff’s violation.