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(영문) 서울중앙지방법원 2018.08.28 2016가합533820

정산금 청구의 소

Text

1. Defendants are jointly and severally and severally liable to the Plaintiff for KRW 1,420,963,632 and KRW 1,395,963,632 from July 21, 2016 to July 201, 2018.

Reasons

1. Basic facts

A. On April 1, 2012, both the Plaintiff and the Defendants, as doctors, invested 1.6 billion won each, and jointly operated the E Hospital located in Gangnam-gu Seoul Metropolitan Government D (hereinafter “instant hospital”), and entered into a partnership agreement with the content that all tangible and intangible assets related to the instant hospital are 1/3 equity shares in the total assets (hereinafter “instant partnership agreement”).

The main contents of the instant partnership agreement are as follows.

Article 2 of the Agreement on the Trade of this case (Assets and Shares)

1. Total assets consisting of tangible and intangible assets of the hospital, such as land and buildings located in Gangnam-gu Seoul Metropolitan Government (hereinafter referred to as “instant real estate”), machinery, equipment, medical equipment and equipment, medical materials, current assets, etc., as total assets;

2. The Plaintiff and the Defendants shall contribute 1.6 billion won each, and the total amount of capital shall be 4.8 billion won.

3. The Plaintiff and the Defendants have the same 1/3 equity shares in total assets.

Article 3 (Limitation of Liability and Assignment of Shares)

4. Transfer of equities;

(a)the standard amount of equity transfer shall be determined through a resolution of the Steering Committee on the basis of the asset evaluation carried out immediately before the year;

Article 8 (Amendment and Termination of Contracts)

2. Where a contract is terminated, a written contract termination shall be submitted at least three months prior to the completion of the contract;

The shares at the time of termination of a contract shall be calculated on the basis of the evaluation of the assets above, and the reorganization proceedings shall be resolved by the Steering Committee.

B. On July 2015, the Plaintiff: (a) sent to the Defendants the intent to maintain a partnership relationship only until October 2015, which was three months later; and (b) sent e-mail to the Defendants on August 3, 2015, stating that it would maintain a partnership relationship until October 2015; and (c) would distribute the settlement amount equivalent to his/her share to the Defendants.

Since then, the Plaintiff did not work at the instant hospital from November 1, 2015.