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(영문) 부산지방법원 2014.03.27 2013가합18373

광고금지

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On June 2, 2008, the Plaintiff and the Defendant, as a medical specialist, jointly operated the hospital with the trade name “D Hospital” in Busan Dong-gu, Busan, as a medical specialist, and agreed to settle the partnership relationship (hereinafter “instant settlement agreement”). The main contents of the agreement are as follows.

A person shall be appointed.

2. The period of operation and distribution of profits and losses (i.e., the period of operation at D Hospital shall be two years and six months from the date of preparation of the written agreement;

Provided, That the defendant may withdraw from the partnership prior to the above period.

3. The Plaintiff and the Defendant shall have the right to continue to use the trade name of the D Hospital in the form of E Hospital at their respective business places after the end of the period of the said business.

Provided, That the area or other additional name shall be included in front of the D Hospital.

4. (1) On June 2, 2008, the Plaintiff and the Defendant assessed the total assets (affirmative property, trade name and goodwill, etc.) of D Hospital as of D Hospital as of June 2, 2008, and the Defendant withdraws from the Dong company, and the Plaintiff shall pay to the Defendant the amount of the settlement of accounts for the business, which is 5.5 billion won (the amount clearly verified as to the debt amount) after deducting approximately KRW 1.5 billion (the amount clearly verified as to the debt amount) from the Defendant’s share in the current new bank from KRW 7 billion, which is 1/2 of the total assets.

(If the payment of settlement is completed, the above obligation to the new bank to be borne by the defendant shall be converted to the plaintiff's obligation). 10. 10. Use relationship such as medical records, etc.: (i) medical records of patients acquired during the period of the business of the plaintiff and the defendant; and (ii) information and data on patients in the computer, and all hospital information and

She may bring all the records and information in the way of copying, etc. the above information and data, information and all the data during the period of the operation of the hospital after the completion of the relationship with the D Hospital.

Article 22 of the Criminal Procedure Act provides that the defendant shall conduct the business of the hospital.