(영문) 대전지방법원 2018.10.17 2017가합106903

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 2018.10.17 2017가합106903

부당이득금

Text

1. The Defendant’s KRW 541,471,712 among the Plaintiff and KRW 300,000 among them, shall be KRW 241,471,71,712 from November 11, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff of the parties, etc. is a legal entity established for the purpose of establishing and operating a medical institution, and C works as an employment doctor at the E Hospital located in Hongsung-gun D (hereinafter “instant hospital”) before February 15, 2012, and operated the instant hospital as the head of the hospital from February 15, 2012, and the Defendant is C’s children.

B. 1) The F Limited Company’s site and building site of the instant hospital (hereinafter “instant real estate”) through the voluntary auction procedure on May 3, 2013 by the F Limited Company (hereinafter “instant auction procedure”).

Upon acquiring the ownership of the instant real estate, C recruited investors to continue to operate the said hospital after purchasing the instant real estate again, and entered into an agreement with G on April 16, 2014 with the following content (hereinafter “the first agreement”).

1) G is agreed to purchase the instant real estate from the F limited liability company and to allow C to use it as a convalescent hospital for senior citizens. 1. G is to purchase the instant real estate and provide C to use it. 2. G is to receive a secured loan up to 80% of the purchase amount from the financial institution at the time of the purchase of the instant real estate, and to be borne by C and a medical corporation. 3.C is to immediately establish a medical corporation, and G is to contribute the instant real estate to the medical corporation: Provided, That the loans granted at the time of the purchase of the instant real estate by G are to be taken over by the medical corporation. 4. This photograph of the medical corporation is to be recommended by G among the total 7 persons, five persons, and two persons, and the president shall be the person recommended by G. 5. C and the medical corporation shall be the person recommended by G, including public charges, such as acquisition tax.

6.(a)

C and medical corporations shall be jointly and severally paid KRW 16 million per month to G until the actual investment funds of G are repaid.

(b) C and medical corporations:

유사 판례

-수원지방법원 2016.06.24 2015가합66659

-수원지방법원 2016.11.18 2016가합182

-대전지방법원홍성지원 2019.09.24 2019가합30430

-부산지방법원 2018.03.08 2016가단62060

-창원지방법원 2020.10.13 2020가단1786