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(영문) 부산지방법원 2016.02.03 2014가합12280

약정금 및 부당이득금반환

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The parties concerned Plaintiff A is the doctor of the E Hospital located in Busan Seo-gu D (hereinafter “instant hospital”). Plaintiff B is the head of the instant hospital between Plaintiff A and his/her husband, and the Defendant is the head of the instant hospital from March 15, 2012.

5. up to 22. A person who operated the instant hospital.

B. 1) On February 6, 2012, Plaintiff A and the Defendant entered into an agreement on the operation of the instant hospital (hereinafter “instant agreement”).

A) The details of the agreement are as follows. Plaintiff A and B: Defendant A shall delegate her power over the operation of the instant hospital. However, with respect to hospital facilities, Party B shall not exercise ownership. Regardless of any increase or decrease of patients after the contract date, and other external factors, Party B shall be obligated to pay the following amount. After the contract date, Party B shall report to Party A on the daily income of each week in order to ensure the administration of the hospital’s revenues. From February 6, 2012 to February 5, 2014, Party B shall pay to Party A the following amount on the monthly claim payment date from February 6, 2012 to February 5, 2014. - Standard of 100 sickbeds: 20 million won from the permitted beds - 1.5 million won from the permitted base amount: 35 million won from the claim amount.

6) The instant hospital is liable for the debts relating to the previous hospital on February 6, 2012 (see, e.g., e., e., e., e., e., e., e., succession

(b) B should not create accounts payable after the contract date in all settlement or wage relations related to the operation of the hospital on the basis of the contract date;

A shall be liable for the occurrence of any other fine or administrative fine due to the problems that occurred before the contract date.

Administrative fines and penalties due to the defects of Eul generated after the date of the contract shall be the responsibility of Eul.

The salaries of the plaintiff B to the director of the hospital are three.