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(영문) 서울중앙지방법원 2017.04.20 2016가합519855
부당이득금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 34,991,359 to the Plaintiff (Counterclaim Defendant) and its amount from April 5, 2017 to the date of full payment.

Reasons

1. Basic facts

A. The status of the Plaintiff is a school foundation that operates C University and its affiliated D Hospital, and the Defendant’s trade name was changed from “Co. G” to “Co., Ltd. B” as of January 2, 2015. The purpose is to engage in drug wholesale business, medical equipment, and machinery rental business.

E, around January 1, 1979, served as the president of the Plaintiff from April 1, 200 to February 18, 2014, while exercising overall control over all the duties of the Plaintiff. F, from June 30, 2006, was serving as the Plaintiff’s director from September 22, 2014 to March 19, 2015, while serving as the Defendant’s representative director.

On the other hand, about 40% of the total shares issued by the defendant is about E, about 10% of the total shares issued by E, and about 10% of the shares owned by F, and about 79% of the total shares of the defendant belongs to E couple and their children.

B. The Plaintiff and the Defendant entered into a lease contract and medical equipment contract with respect to subsidiary facilities and medical equipment of the hospital affiliated with the Plaintiff (hereinafter collectively referred to as “each of the instant contracts”) as follows:

1) A lease agreement for ancillary facilities to a H hospital (hereinafter “H hospital lease agreement”).

(2) On April 1, 2013, the date of concluding a contract:

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