Text
1. The Defendant shall pay to the Plaintiff KRW 117,355,889 and the interest rate of KRW 15% per annum from June 6, 2017 to the day of complete payment.
Reasons
1. Facts of recognition;
A. From February 2012, C operated the said hospital as the founder and the president of the E Hospital located in Hongsung-gun, Hongsung-gun (hereinafter “instant hospital”).
B. When the instant hospital site and the building were sold to a third party through the discretionary auction process around 2013, C agreed that the investor F and the instant hospital were established and operated under a separate medical corporation name around April 2014.
Accordingly, F purchased the hospital site and building from the above successful bidder.
Plaintiff
The medical foundation was established on August 8, 2014 by making the F as the president, and the F donated the site and building of the hospital to the Plaintiff Foundation, and C served as the head of the hospital of this case.
C. C introduced the Defendant, a vice president G’s father, on September 22, 2014, borrowed KRW 250 million from the Defendant as the name of hospital operating expenses, etc.
Interest rate: 8.4% per annum, 30 million won per month, and to pay in full the principal by June 30, 2015, along with interest; hereinafter referred to as "original loan agreement"), and the certificate of loan drawn up on the same day shall be "the certificate of loan borrowed on September 22, 2014."
D. While there was a conflict between F and C in connection with hospital operation, F and C agreed to change the name of the opening of the hospital in the name of the Plaintiff Foundation, and to appoint C’s convict H as the president of the Plaintiff Foundation.
Accordingly, H was registered as a director with the sole representative authority of Plaintiff Foundation on January 15, 2015, and on January 23, 2015, the name of the founder of the instant hospital was changed in the name of the Plaintiff Foundation.
E. Since that time, C, upon delegation of all authority from H, practically exercised the authority of the president of the Plaintiff Foundation, has overall control over all the affairs of the instant hospital, including fund and facility management, and operated the hospital.
F. C transferred 57.7 million won, which was deposited in the new bank account under the name of the Plaintiff Foundation, to the Defendant as follows.
- 30,250,000 won on March 6, 2015, 200,000 won on March 23, 2015, 30,000 won on March 23, 2015.