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(영문) 인천지방법원 2015.07.16 2014가단59100

구상금

Text

1. As to KRW 54,454,842 among the Plaintiff and KRW 26,344,382 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 28,110,460 from September 16, 2014.

Reasons

1. The following facts may be found either as a dispute between the parties or as a whole in each entry in Gap evidence 1 to 4 (including branch numbers if there are serial numbers).

1) According to the agreement between the Defendant and the Defendant to jointly invest capital in the hospital and establish and operate the hospital, and divide the profits therefrom, the joint Defendant C, which was determined by division, established the building to be used as the hospital on April 2006 (the building D, E, F, No. 301 to 313). However, since C and the Defendant were not doctors, they established a medical corporation in their name and became unable to establish a medical institution in the future, and the medical corporation was established in their name, and invested in medical experience and equipment, and decided to establish and operate the medical institution in the name of the Plaintiff (the hospital’s director is responsible for treatment and benefits, and the hospital’s expenses are 12 million won per month) and C and the Defendant (the remainder of the hospital’s expenses, excluding the benefits, are 3 million won per month and 45% per annum, and 10% per annum).

3) However, around July 10, 2006, C and the Defendant are G Hospital on the third floor of the above building (hereinafter “instant hospital”).

After opening the hospital, the Plaintiff and the Plaintiff prepared a written agreement related to the management of the hospital, and the said written agreement includes the following contents. Article 1 (Purpose): C and the Defendant entrusted the Plaintiff with the property and all facilities of the hospital owned by C and the Defendant, and the Plaintiff consented to faithfully perform their responsibilities and obligations arising from the management of the hospital, and the agreement shall be determined on the premise that C and the Defendant are responsible for all economic profits and losses arising from the management of the hospital. Article 2 (Name: the Plaintiff’s consent in managing the hospital of this case)