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(영문) 서울고등법원 2015.07.10 2014나19211

채무부존재확인

Text

1.The judgment of the first instance shall be modified as follows:

Of the instant litigation, the Plaintiff A and Defendant C are involved in the litigation of this case.

Reasons

1. Basic facts

A. On May 201, the Plaintiffs and G entered into a partnership agreement with Defendant D to establish hospital and hospital management support company (mO; hereinafter “the instant partnership agreement”) to support hospital management by attracting Chinese patients through hospital management support companies, etc., and the Plaintiffs and G, who were doctors, concluded a partnership agreement with the Plaintiffs and G, to give medical treatment to patients at the hospital, and to divide the revenues therefrom into the hospital management support company and distribute the profits therefrom according to their respective shares (hereinafter “instant partnership agreement or “instant partnership agreement”).

The main contents of the agreement to be entered into by the original Plaintiffs, G, and Defendant D (hereinafter “instant Dong”) are as follows:

The members of the Dong business in this case and H did not reach the actual signature and seal after preparing the draft of the business partnership agreement with the above contents after consultation. However, as H did not participate in the Dong business in this case, it seems that Defendant D entered into a partnership agreement with the same contents as the draft of the above business partnership agreement in lieu of the investment amount of KRW 300 million as it decided not to participate in the Dong business in this case.

Article 1 (Purpose) A (hereinafter referred to as "A"), G (hereinafter referred to as "B"), B (hereinafter referred to as "S"), D, and H (hereinafter referred to as "C,") shall agree on the following provisions and enter into this contract (hereinafter referred to as "the contract") in the joint investment and operation of I Clinic (hereinafter referred to as "a hospital") and mO (hereinafter referred to as "mO") that manages the hospital, which is opened to the second floor of a F hotel located in Yongsan-gu Seoul Metropolitan City.

Article 5 (Apportionment of Duties) The representative director of the hospital shall conduct "A" and "B", and the representative of "mmsO" shall be conducted by the representatives of "A," "A," "B," and "B," only in cases where they consent thereto," and the "SO" shall conduct the audit of "msO."

(hereinafter referred to as "influence") Article 6.