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(영문) 서울중앙지방법원 2015.09.16 2013가단293575

손해배상

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The parties concerned both the Plaintiff and the Defendant are dentists, and the Defendant acquired the business of the dental clinic located in the 10th floor of Gangnam-gu Seoul Metropolitan Government C building operated by the Plaintiff (hereinafter “instant dental clinic”).

B. (1) On April 7, 2007, the Defendant entered into a transfer contract with the Plaintiff regarding the instant dental business (hereinafter “instant first contract”). The main contents are as follows.

◎ 양도인 : 원고 ◎ 양수인 : 피고 ◎ 물건 : 서울 강남구 C빌딩 10층 D치과

1. The plaintiff transfers goods to the defendant as of April 16, 2007.

3. The amount of transfer or acquisition of the goods shall be one million won.

4. The defendant shall pay to the plaintiff KRW 00,000,000 to the plaintiff by April 14, 2007.

Profit-Sharing - Of pure profit 100% excluding hospital operating expenses, 45% shall be determined as the medical personnel expenses including paint and operated by the defendant.

35% of the plaintiff 6: It shall be apportioned to the ratio of defendant 4.

20% shall be set for public relations expenses and paid to persons designated by the plaintiff.

5. On April 14, 2010, the Defendant may additionally pay to the Plaintiff KRW 00,000,000,000 to the Plaintiff.

The defendant shall operate by fixing 45% of pure profit 100% of the net profit, excluding hospital operation expenses, as the cost of labor, including paint, as the cost of labor.

35% shall be distributed to Plaintiffs 1/3: Defendant 2/3.

20% shall be paid to a person designated by the plaintiff by fixing expenses for hospital publicity.

6. On or after April 14, 2010, when the Defendant transfers an article to another person or transfers the right, the remainder after obtaining the Plaintiff’s consent shall be paid to the Plaintiff KRW 0 million.

7. The accounts shall be settled on the 25th day of each month and distributed at the last day of each month.

8. The amount of taxes shall be settled by accumulating the amount of insurance received, and when the amount of tax paid arises, the plaintiff, the defendant, and the public relations team shall be responsible at the ratio of the amount received respectively.

9. Assets purchased by the Defendant after the time of transfer.