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(영문) 서울중앙지방법원 2018.01.25 2015가합574770

정산금 등

Text

1. Defendant B’s KRW 647,624,579 as well as 5% per annum from September 26, 2017 to January 25, 2018.

Reasons

1. Basic facts

A. 1) The Plaintiff and the Defendants are dental specialists, and Defendant C is the father of Defendant B. 2) The Plaintiff and the Defendants operated an Ansan Hospital (hereinafter “instant hospital”) with the trade name of “E” at the building located in the Dong-gu Daejeon, Daejeon.

B. 1) On January 2, 2013, the Plaintiff entered into a partnership agreement with Defendant B and the instant hospital (hereinafter “instant partnership agreement”) with the following contents, which jointly operates the instant hospital (hereinafter “instant partnership agreement”).

However, the Plaintiff and Defendant B entered into a partnership agreement between the Plaintiff and Defendant B and Defendant C, and the Plaintiff and Defendant C’s father under the name of the Plaintiff and Defendant C, reported the establishment of a medical institution under the Medical Service Act and the business registration under the Value-Added Tax Act, and Defendant B decided to report to the intent of being employed at the instant hospital as a monthly employee. Defendant C partner(A): 10 million won of the investment amount of Article 2 (Investment and Commencement Date of the same Business), “A”, “B”, “50% of the investment amount of Article 2 (Investment and Commencement Date of the Business)”, “A”, “B”, “50% of the investment amount of 50%”, and “B” will start business from January 2, 2013. In the event of a later increase of the capital, the agreement between “A” and “B” will be made additionally in proportion to the respective shares of the Plaintiff’s operating entity under consultation with “50% of the total operating profit” (hereinafter “5% of the operating profit”).