약정금
1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.
2. The defendant-Counterclaim plaintiff's counterclaim raised at the trial.
The principal lawsuit and counterclaim shall be judged together.
1. Basic facts
A. The Plaintiff, C, D, and Defendant agreed to jointly establish and operate the F Hospital located in Ulsan-gu E (hereinafter “instant hospital”) around 199.
Accordingly, the Plaintiff and C established the instant hospital on November 11, 200 by investing each of KRW 147,099,016, D and the Defendant 291,498,033, respectively.
B. At the time of the establishment of a hospital, the shares of both Plaintiff and C were 1/6, D and Defendant, respectively, 1/3.
C. On November 2002, C assessed the asset value at the time of the instant hospital as KRW 3,000,000,000,000, and C received KRW 500,000,000, which is the consideration for 1/6 shares, and D withdrawn from the partnership agreement after receiving KRW 1,00,000,000, which is the consideration for 1/3 shares.
Meanwhile, the Defendant paid KRW 15,00,000 per month to the Plaintiff from October 2007 to June 2012, and KRW 10,000 per month from July 2012 to November 2012.
[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 16, the purport of the whole pleadings
2. Determination on the cause of the principal lawsuit and counterclaim
A. The Defendant, while operating the instant hospital as a partnership with the Plaintiff, agreed to pay KRW 15,00,000 each month as the price for the Plaintiff’s share (profit).
However, from July 2012 to November 201, 2012, the Defendant paid KRW 10,000,000, which is a part of its payment.
From December 2012, the payment was not made.
Therefore, the Defendant is obligated to pay to the Plaintiff KRW 25,00,000 (=5,000,000 x 5 months) accrued from July 2012 to November 2012), and KRW 60,000,000 accrued from December 2012 to March 2013 (i.e., KRW 15,00,000 x 4 months), plus KRW 85,00,000.
B) Meanwhile, since the counterclaim brought by the Defendant against the Defendant was unlawful as it harms the Plaintiff’s interest of the instance, it is unlawful. 2) For the same reason as the Defendant’s following (a) through (d), the agreement on the operation of the instant hospital between the Plaintiff and the Defendant has already been concluded.