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(영문) 서울중앙지방법원 2019.01.25 2017나58214

부당이득금

Text

1. The plaintiff's appeal is all dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On June 12, 2011, the Plaintiff served as an employee from the Ksung branch in Gangnam-gu Seoul High Court (hereinafter “instant gender branch”) and entered into a partnership agreement with Defendant B, C, D, E, F, and L (e.g., withdrawal of the lawsuit) on May 31, 2012, the Plaintiff, as a joint investor of the instant gender branch, agreed to engage in the same business with the following contents.

(hereinafter referred to as the “instant trade agreement”). Joint investors of Article 1 are composed of the following seven persons:

The term "joint contributions" means the total amount invested by a joint investor under Article 1 for the establishment and operation of a hospital. 2) The method of investment shall, in principle, be paid in full until May 31, 2012.

3) The amount of money invested shall be KRW 20 million in cash, and the total amount of capital shall be the sum of KRW 1.6 billion and that of KRW 3,000,000 and KRW 1.6 billion. The net profit of Article 4 and net loss-sharing 1) the profits accruing from the operation of the hospital shall, in principle, be equal distribution to the common investors, but shall be paid at the basic salary of

The amount shall be determined by the operating committee.

2) All liabilities incurred in the course of the establishment and operation of the hospital shall be equally divided by 71 investors. In other words, 71 above shall be held liable for net loss and net profit. 3) In order to prepare for various contingency costs taxes, medical malpractices, accumulation of existing facilities reductions, hospital development funds, etc. which may arise in the operation of the hospital, a certain amount of money per month shall be accumulated, and its size shall be determined through the Operating Committee.

4) The accumulation of a certain amount of gold sources in subsection (3) shall be 40% of the operating profit, and the upper limit shall be 3.2 billion won, and may be increased or decreased by the situation through a resolution of the Steering Committee.

Article 6 Voluntary withdrawal of an investor and the method of calculating the shares in the notice shall be voluntarily withdrawn.