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(영문) 서울고등법원 2015.10.30 2015나2000890
매매대금 등
Text

1. Of the judgment of the first instance court, the part against Defendant D that ordered the Plaintiff to pay money shall be revoked.

Reasons

1. Basic facts

A. The Plaintiffs are married couple, and Plaintiff B has completed business registration under the name of Plaintiff A, the wife, and is engaged in the trade of medical devices with the trade name “E”.

Defendant D, as the head of the Seoul Southern Branch Office of the Defendant Incorporated Association C (hereinafter “Defendant C”), is operating the hospital “Fwon of the Incorporated Association,” the establishment of which was reported under the name of Defendant C (hereinafter “instant hospital”).

B. On February 6, 2012, Plaintiff B, G, and Defendant D entered into a share participation contract with the content that Plaintiff B and G invested KRW 200 million in return for the investment of KRW 2/10,000 in the instant hospital where Defendant D held 100,000 shares, and that it is paid KRW 2.8 million in monthly salary or interest (hereinafter “instant share participation contract”).

After that, according to the above contract, Plaintiff B paid KRW 90 million to Defendant D as investment money.

C. As of February 20, 2012, with respect to the medical device listed in the separate sheet (hereinafter “the instant medical device”), each sales contract entered as the seller E (representative A), F Council Members (representative D), the buyer’s purchase price of KRW 1.2 billion.

(hereinafter “instant sales contract”). The main contents of the instant sales contract are as follows.

(‘A’ refers to “F,” “B,” an incorporated association, “B,” and “B,” “B.” Article 2(Sales Price) shall constitute total of KRW 1.2 billion (including value-added tax).

1. Of the proceeds, one billion won will be deposited immediately after the completion of the installation through capital or lease financing and the remainder 200 million won will be paid within one month after the completion of the installation.

2. If “B” receives a written confirmation of installation from an installation company at the same time as “B” and submits it to “A”, “A” must immediately submit it to the financial company (i.e., capital) to complete the payment.

However, “A” means a written confirmation.

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