손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff was in the same business relationship between May 2008 and December 31, 2010.
Among them, from May 2008 to January 201, 201, the Defendant and three persons engaged in partnership with the Defendant. From February 2010 to December 31, 2010, the Defendant and three persons engaged in partnership with the Defendant.
B. The Plaintiff, the Defendant, and D drafted a partnership agreement around June 18, 2010 during the partnership period, and their major contents are as follows:
The plaintiff, D and the defendant shall enter into a contract for the joint medical treatment and management of the E Council members, F Council members (G in Changwon), and H Council members (I in Changwon), as follows:
(m) 22. A contract reversal shall be deemed to be a case where it is impracticable to provide joint treatment with imprisonment without prison labor or heavier punishment in violation of the Medical Service Act and the current law.
23. If the contract is terminated or it is deemed difficult to jointly treat and manage due to the above breach, the provider of the cause of the rescission of the contract shall prohibit the opening and sealing in the neighboring area (integrated creative city and Kim Jong-si).
24. The provider of the cause of cancellation of the contract shall waive the rights and shares of all the hospitals and compensate for the loss of the hospital due to the cancellation of the contract (total sales in the preceding year of the fiscal year).
(hereinafter omitted)
C. On October 12, 2010, the Plaintiff, the Defendant, and D also drafted a partnership agreement with the following contents.
The plaintiff, the defendant, and D enter into a contract for the joint medical treatment and management of F Council members and H Council members as follows:
(b)
4. The entire rent deposit of the hospital, the deposit of the officetel for the residence of employees, the trademark rights of “H” and the rights to all businesses using “H” are divided by equal ratio.
(m) 22. If a person is sentenced to imprisonment without prison labor or heavier punishment in violation of the Medical Service Act and the current law, the Director waives all the shares and rights.
If the contract is terminated due to the breach of the above contents or the joint medical treatment and management is deemed difficult, the provider of the reason for the cancellation of the contract shall prohibit the opening and sealing in the neighboring area.
The provider that caused the cancellation of the contract shall be all the hospitals.