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(영문) 의정부지방법원 2016.04.05 2015가단106547 (1)

부당이득금

Text

1. Defendant B’s KRW 20 million to the Plaintiff and the Plaintiff’s 5% per annum from June 13, 2014 to April 28, 2015.

Reasons

1. Basic facts

A. On May 2014, the Plaintiff concluded a share transfer and a partnership agreement with Defendant B with the following terms and conditions (hereinafter “instant share transfer agreement”).

The Director B (hereinafter referred to as the "Director") and the transferee A (hereinafter referred to as the "B") of the medical corporation, the transferor, the Director B (hereinafter referred to as the "Director") and the transferee (hereinafter referred to as the "B") enter into a contract for the transfer of shares and the Dong business as follows in order to jointly manage the

Article 1 [Purpose] 1) 1) In the joint management of a hospital, “A” and “B” shall expressly stipulate all matters arising from the operation of the hospital. 2) The purpose is to seek reasonable resolution of differences and disputes that may be issued between “A” and “B,” and to protect and promote the economic interests of partners by enhancing the efficiency of hospital management in the future.

Article 2 [Contributions] 1] The term “A” transfers 50% of the total shares of the building and the total shares of the land of the hospital owned by “A” to “B”, and the term “B” takes over. 2) B B B prior to the transfer of shares, the term “A” shall disclose to “B” all the current status of liabilities (such as bank loans, consignment loans, loan borrowed loans, etc.) accurately.

3) “B” is completed by paying to “A” the total amount equivalent to 50% of the amount of assets owned by the hospital (such as land, the assessed value of buildings and other aggregates) excluding the liabilities referred to in sub-paragraph (2) above, 50 million won.

(300 million won shall be substituted by cash and 200 million won for the contract price) Article 8 (Distribution of Profits) shall be distributed in accordance with the ratio of the interest of the hospital after settlement of accounts at the end

B. From May 14, 2014 to June 13, 2014, the Plaintiff transferred a total of KRW 70 million to an account in the name of Defendant B, and KRW 130 million from May 14, 2014 to June 10, 2014, respectively, to an account in the name of Defendant Medical Corporation C (hereinafter “Defendant Foundation”).

(c).