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(영문) 광주고등법원(전주) 2016.05.19 2015나101950

손해배상

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On February 2, 2004, the Plaintiff and the Defendant jointly established and operated medical institutions under the name E (hereinafter “instant hospital”) in the Gyeonggi-si, Gwangju-si, Gwangju-si, and D-based building Nos. 502 and 503 (hereinafter “instant hospital”), and entered into a partnership agreement with the following major contents (hereinafter “instant partnership agreement”).

- - (Paragraph 5) for the mandatory period of the partnership agreement, the period of the partnership agreement shall be from February 1, 2004 to its dissolution and shall not be terminated for at least 10 years, and shall bear disadvantages such as Paragraph 14, if the contract is requested to terminate within 10 years:

(6) Obligations

4. The plaintiff and the defendant have equal rights and duties.

(7) Capital. (7)

2. The total amount of investments shall be KRW 1,040,000,000 each by the Plaintiff and the Defendant respectively.

(8) external liabilities

1. Obligations required in the course of the operation of a hospital and the maintenance of its business shall be borne jointly by the joint name and, if so, the apportionment rate shall be equal;

2. There shall be no mutual responsibility for the personal liabilities before and after the business and for the personal liabilities other than the operation of the hospital.

(9) Distribution of profits

1. The gross income of all kinds of incomes, including outpatient treatment, surgery, hospital treatment income and rent income;

2. The total expenditure of all the expenses incurred in the operation of a hospital and the maintenance of its business;

3. The gross income shall be net profit excluding the gross income from expenditures;

4. Distribution between the plaintiff and the defendant of net income.

(A) The property management partnership business property shall be managed under the joint name of the plaintiff and the defendant. (A) The property management partnership business property shall be managed under the joint name of the plaintiff and the defendant.

(Paragraph 14) Voluntary withdrawal

2. Only the distribution of an amount equivalent to 30% of his/her own shares based on the cash value of a hospital at the time of withdrawal within five years after a contract is concluded, 60% of his/her shares at the time of withdrawal within five years from eight years, and 90% of his/her shares within ten years from eight years;

5.The withdrawing person shall make all the intellectual and physical assets of this hospital.