조합정산금 등 청구의 소
1. As to the Plaintiff (Counterclaim Defendant)’s KRW 440,396,621, respectively, and KRW 433,178,446 among them, the Defendant (Counterclaim Defendant)’s KRW 440,39,621.
1. Basic facts (applicable for recognition: Facts without dispute, Gap evidence 1, 2, and 3 (including paper numbers; hereinafter the same shall apply);
(i) the entry in Category B(1) and the purport of the entire pleading
A. In December 2005, the Plaintiff, Defendant B, and D decided to establish and operate an internal-level hospital as a partnership business, and invested each KRW 300 million in a unit of KRW 300 million, and purchased the land located in the Sincheon City and newly constructed the hospital building. The Defendant C also invested KRW 300 million, thereby participating in the partnership business.
B. Upon completion of the construction of the hospital on October 2, 2006, the Plaintiff, Defendant B, D, and C opened the hospital with the trade name “G” (hereinafter “instant hospital”) at the said new building, and Defendant E invested KRW 300 million in April 30, 2007, and additionally joined the hospital in the Dong business of the instant hospital.
C. On September 30, 2007, the Plaintiff and the Defendants entered into a partnership agreement with respect to the operation of the instant hospital (hereinafter “instant partnership agreement”): each of the 20% 11. When the partnership agreement is terminated or terminated, they shall settle the accounts according to the ratio of the amount of investment; 15. The period of the partnership agreement shall be 10 years, but may be extended or shortened by mutual agreement between the parties). The main contents are as follows.
The Plaintiff and the Defendants appeared at the president’s meeting on January 9, 2014. The Defendants, on the ground that trust relationship with the Plaintiff has disappeared and no longer existed, passed a resolution for expulsion against the Plaintiff (hereinafter “instant resolution for expulsion”) with the unanimous consent of all the Defendants on the ground that it is difficult to continue the partnership relationship with the Plaintiff. On January 10, 2014, the Plaintiff notified the Plaintiff of the resolution for expulsion.
E. Since then, the plaintiff filed a lawsuit seeking confirmation of invalidity of the resolution of expulsion of this case, but the judgment of loss became final and conclusive.
2. Determination as to the principal lawsuit
A. (1) According to the facts of recognition of the obligation to pay the settlement amount, the relationship between the Plaintiff and the Defendants was terminated on January 10, 2014 following the resolution of the instant expulsion.
Therefore, the defendants are in this case.