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(영문) 서울중앙지방법원 2015.11.27 2014가합61345

대여금

Text

1. The plaintiff's lawsuit against the defendants is dismissed in entirety.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. At the time of December 15, 2009, the Plaintiff, jointly with the Plaintiff, transferred KRW 100,000,000 to G, which was operating the F Hospital located in Seodaemun-gu Seoul, Seoul, to G. Around December 22, 2009, the Plaintiff entered into a rental agreement (hereinafter “instant rental agreement”) with the Defendant, which entered into between the Defendant and the Kittyren Co., Ltd., for a siren deposit of KRW 10,00,000,000 for a siren deposit, for a siren fee of KRW 3,630,000 for a siren fee of KRW 3,630,00 for a siren and for a siren period of KRW 36 months from December 22, 2009.

B. On December 26, 2009, the Plaintiff began to operate the instant hospital jointly with G and J on December 26, 2009, and around April 14, 2010, J withdrawn from the joint operation relationship and instead Defendant B participated in the joint operation relationship.

C. After that, around October 1, 201, Defendant C and D acquired the said G shares of the instant hospital, the Plaintiff and the Defendants entered into a joint operation agreement including the following matters, and jointly operated the instant hospital from that time.

Article 2 (Joint Operation Period) The lease period during which this building is to be used as a hospital.

Article 3 (Ratio of Ownership and Profits of Assets and Liabilities) The ownership of assets, shares of liabilities and profits shall consist of 35 percent in the case of defendant B, 32 percent in the case of the plaintiff, 33 percent in the case of the defendant C and D.

However, profit distribution may be adjusted and operated for the smooth operation of the hospital.

Article 4 (Delivering)

1. Defendant B: The head of this hospital is responsible for the operation, personnel affairs, purchase, patient supply and demand, financing, lease, other government offices' duties, legal treatment, medical treatment, and other duties necessary for the operation of the hospital;

2. The plaintiff, defendant C, and D shall be in charge of treatment and maintain close cooperation with the Director.

VI.(Disposal of Equity Shares)

1.The shares may be disposed of at any time, and the transferee shall be recognized by the investors.