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(영문) 대구고등법원 2015.07.07 2014나20357

투자금반환 등

Text

1. On the claim of the principal office as changed in exchange in the trial:

A. The Defendant (Counterclaim Plaintiff) is against the Plaintiff (Counterclaim Defendant).

Reasons

1. Basic facts

A. The plaintiff in the same business contract between the plaintiff and the defendant is a physical clinic, and the defendant is a medical specialist in the department of anesthesia pain.

The Plaintiff and the Defendant: (a) invested each partner’s money entered in the contract details list as below in order to look at the treatment by employing a monthly-class doctor (one page); and (b) concluded a partnership agreement with each of the hospitals listed in the contract details list as follows (hereinafter “each of the instant hospitals”); and (c) individually referred to as “C Council members,” “D Council members,” “E Council members,” “F Council members,” and “G Council members”; and (d) agreed to distribute profits therefrom (hereinafter “each of the instant partnership agreements”).

However, C Council members in Gyeongsan decided to directly treat the defendant.

【Contract Details Table 15:850,000,000 won from February 16, 2010 to February 15, 2012, 20: 0: 40: 60. 0. 0. 05 : 0. 0. 0. 06. 0. 1: 0. 0. 0. 0. 0. 1: 05,000 to 0. 0 . 6. 0 . 0. 1: 05,000,000 from 0. 0 . 1: 0. 1: 05,000,000 . 1: 0,000 ; 1: 1: 1: 1: 1: 1; 205; 3: 1; 205. 1; 3: 205. 1: 205. 3, 2010

B. The Plaintiff and the Defendant distributed profits from the operation of each of the instant hospitals in accordance with each of the instant partnership contracts, and disputes arise due to the operation of hospitals and settlement of accounts. On May 23, 2011, the Plaintiff asserted that each of the instant partnership contracts was terminated due to the Defendant’s fault, and provisionally attached the Defendant’s claim for medical expenses against the National Health Insurance Corporation, the claim for deposit claims against the CT Bank (Seoul District Court 201Kadan4065) and the Defendant on September 8, 2011.