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(영문) 서울고등법원 2015.11.18 2014나2032142
손해배상(기)
Text

1. The plaintiffs' appeals and the claims extended in the trial are all dismissed.

2. Demanding and expanding the costs of appeal.

Reasons

1. Facts of recognition;

A. A. Around September 2006, the Plaintiffs, as members of the FF (hereinafter “F”), which is a medical corporation’s medical service and missionary activity organization, acquired the said foundation from H of the president of the medical corporation E (hereinafter “E”), operating the G Hospital, and on September 19, 2006, the Plaintiff C was the president, the Plaintiff A and B was the director, the director, and the name of the hospital was changed to “I Hospital.”

Plaintiff

C signed an agreement on September 1, 2008 between the Defendant and the Defendant on behalf of F to jointly operate the said hospital, and Article 3 of the said agreement provides, “E’s president shall be entrusted to the Defendant, and the registered director shall be four persons, including the president, and three persons.”

Pursuant to the above agreement, the president, J et al. recommended by the defendant was newly appointed as E.

J retired from the office of president on November 30, 2008, and on January 24, 2009, the Plaintiff A was appointed as the president, but resigned on July 22, 2010, and on the same day, the NN recommended by the Defendant was appointed as the president.

B. The Defendant, before and after the date of the preparation of the above agreement, provided funds of KRW 2 billion in aggregate to E on seven occasions from August 29, 2008 to October 31, 2008 as listed below:

(2) On September 1, 2008, 200, 200, 200 on August 29, 2008, 200 on the date of the first installment (hereinafter “the first installment”) KRW 394,000,000 on September 1, 2008, 30,000 on September 1, 200, 208, 360,000 on September 30, 208, 200 on May 30, 200, 200, 200, 300,000 on June 20, 200, 200, 200, 200, 200, 300, 200, 300, 200, 200, 200, 300, 200, 200, 200, 300, 200, 200.

The defendant's execution of the bonds amounting to KRW 3.16 billion per face value from E on September 15, 2010.

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