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(영문) 서울서부지방법원 2015.07.24 2014가합36757
손해배상(기)
Text

1. Defendant B’s KRW 938,335,080 as well as 5% per annum from April 8, 2005 to October 14, 2014.

Reasons

1. Basic facts

A. On April 30, 2004, Defendant B, a pharmacist, agreed to receive KRW 4.5 million per month between F, G, and H, who operated “D” pharmacies (former trade name was changed on May 19, 2004 by “E”; hereinafter “instant pharmacy”).

B. Defendant A lent money to an I Co., Ltd., and the said company could not be returned the amount of KRW 900 million on April 2004. Around that time, Defendant A would have the ownership of the pharmacy building and would have the right to repay the loan to the said company with the profit of operating the pharmacy in the future of Defendant A, and paid KRW 300 million to J on April 16, 2004.

The J, on the same day, concluded a sales contract with F, etc. to purchase the instant pharmacy on behalf of Defendant A, and thereafter, under the name of Defendant A with respect to the instant pharmacy building.

4. 29. Departments

7.7. Each one-half-half share transfer registration has been completed, and the defendant A has been

7.7. An additional amount of KRW 400 million was paid to G.

C. On July 1, 2004, J agreed with F, etc. to maintain the lending relationship of a pharmacist’s license with Defendant B after acquiring the instant pharmacy from F, etc., and operated the instant pharmacy by having the instant pharmacy run, such as having the Plaintiff work for K and branch L, who is one’s wife, and managing its clients and funds.

Defendant A, from July 2004 to J, received KRW 20,000 per month of the operating earnings of the instant pharmacy from around July 2004, and the payment was suspended only in several months, the Defendant A entered into a sales contract with M and N with respect to the instant pharmacy on January 2005.

1. 4. The registration of ownership transfer was completed in M et al.

E. Meanwhile, the Plaintiff received a claim for the payment of medical care benefit costs under Defendant B’s name from August 17, 2004 to April 7, 2005 as to the instant pharmacy, and paid KRW 938,335,080 in total to the bank account in Defendant B’s name.

F. Defendant B shall be on July 13, 2006.

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