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(영문) 창원지방법원 2016.09.08 2015가합30770
대여금
Text

1. The plaintiffs' action against defendant F is dismissed.

2. The Defendant medical corporation G is the Plaintiff C’s KRW 22,621,491 and this.

Reasons

In fact, around March 2012, Defendant E and H agreed to operate the J Hospital (hereinafter “instant hospital”) by leasing Nos. 301, 302, and 303 (hereinafter collectively referred to as “301, 302, and 303”) of the I Building at Changwon-si (hereinafter referred to as the “instant building”).

Defendant medical corporation H and Defendant E, while operating the instant hospital, received a second floor of the instant building under the name of K, which operated a private hospital on the second floor of the instant building, and contributed to the bid, and thereby, “Defendant medical corporation (hereinafter referred to as “Defendant medical corporation”) on February 20, 2013.”

(1) The Plaintiff 1 was a spouse of H, and the Plaintiff 1 is the head of H, and the Plaintiff 2 is the head of H. The Plaintiff 3 is the representative of L who supplied drugs to the instant hospital. Plaintiff 4 is a representative of L who supplied drugs to the instant hospital. [Grounds for recognition] There is no dispute, and evidence Nos. 1, 2, and 8 of the instant hospital (which includes a serial number; hereinafter the same shall apply).

(2) The Plaintiff’s assertion as to the claim against the Defendant E and the Defendant corporation is as follows: (a) the Plaintiff sought a payment of KRW 170,000,000 and any damages for delay from the Plaintiff’s primary claim against the Defendant E through H; (b) the Plaintiff, as the representative of the Defendant corporation, sought a reimbursement of KRW 170,000 and any damages for delay from the Defendant corporation. H requested the Defendant E to lend KRW 170,000 from the third floor purchase fund of the instant building; and (c) delivered the Defendant E’s request from the Defendant E to the Defendant, the head; (d) the Plaintiff agreed to lend KRW 170,000 to the Defendant E; and (e) around May 2013, the Plaintiff transferred the amount of KRW 170,000 and KRW 170,000 to the Defendant corporation, including the above KRW 480,000,000,000,00 to the Defendant E and the Defendant corporation.

The testimony of H is examined as follows. 1.

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