beta
(영문) 창원지방법원 통영지원 2017.02.09 2016가합10519

정산금

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 734,943,405 to the Plaintiff (Counterclaim Defendant) and its amount from May 4, 2016 to February 9, 2017.

Reasons

1. Basic facts

A. 1) The Plaintiff, the Defendant, and Nonparty C, as a medical specialist of each of the instant clubs, are the D Building in a macro-city around March 2012 (hereinafter “instant D Building”).

(3) On March 23, 2012, the term “instant trade agreement” (hereinafter “instant trade agreement”) refers to a trade agreement under which the following is entered into on March 23, 2012:

Article 2 (Definition of Joint Investment and Obligations of Joint Investors)

1. The term "total amount of cash and debts invested" means real estate related to the establishment and management of a hospital and the total amount of movable assets and debts;

(1) "Real estate related to a hospital" means all the real estate purchased in the joint name of E in the building on the 2-3th floor in the Gyeongnam-do and all the land and investors of E in the building at the 2-3rd floor above.

(2) A joint investor shall have the duty to make investments equivalent to the amount of equal distribution (1/3) of the total amount of investment.

Article 3 [Appraisal and Ownership of Assets] (1) All assets shall be valued on the basis of the determined value of the publication, and if necessary, by requesting it to an authorized appraisal institution.

(The evaluation base date shall be the end of every three months) an intangible asset in principle.

(2) Joint investors shall have the equal ownership of (1/3) over the appraised value of real estate (land and buildings), equipment, fixtures, medical appliances, and expendable goods of a hospital, and the interior and medical equipment of a hospital with at least five years old shall be deemed as having no appraised value in the appraisal of assets, and shall be excluded from the appraisal of assets.

(3) The responsibility for repayment and the right to recover from the disposal of assets shall be equally distributed.

Article 4 [Bearing of Profits and Liabilities]

1. Profits accruing from the management of a hospital shall, in principle, be distributed equally to joint investors, but the operating committee shall determine the amount thereof;

2. Obligations generated by meritorious services in the course of the establishment and management of a hospital shall be borne equally;

Article 6 (Method of Voluntary Withdrawal of Investors and Calculation of Shares in Public Notice)