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(영문) 서울고등법원 2015.10.07 2015나2000722

공탁금출급청구권확인

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

Basic Facts

On May 23, 2011, the Co-Defendant A of the first instance trial (hereinafter referred to as the “A”) established the D convalescent Hospital reported the establishment of a medical institution to the D convalescent Hospital named as the D convalescent Hospital (hereinafter referred to as the “instant hospital”) (hereinafter referred to as the “instant hospital”) and obtained permission from the head of the both-si health center.

In other words, on July 23, 2013, A and the Defendant filed an application for change of the permitted matters to establish the instant hospital with “A and the Defendant” at the Yangju Market, and received the permission for change from the Yangju Market.

A and the defendant completed joint business registration of the instant hospital on August 8, 2013.

Article 1 (Definition of Partnership Agreement) The Agreement between A and the Defendant is established by making an agreement on the basic fund for the joint management of a hospital already owned by A with the Defendant and the Defendant, and 50% of that amount is invested by the Defendant in A.

Article 2 (Agreements on Basic Funds)

1. The basic fund shall be 1,930,000 won; and

This is the amount including hospital building and dormitory rental deposit.

2. The defendant shall contribute to A the amount of KRW 965,00,000, half of the agreed basic capital.

Article 3 (Completion of Contributions)

1. In principle, the Defendant shall deposit the total amount of KRW 965,00,000 in the A’s account by April 30, 2013.

2. Where the defendant fails to pay in full the total amount of contributions by the date, he/she may make contributions in installments through consultation with A.

3. All economic situations (such as profits, losses, etc.) incurred by the act of relocation centering on the commencement date of joint management shall revert to A.

Any economic situation (such as profits, losses, etc.) occurred after the date of joint management, centering on the commencement date of joint management, shall revert to both A and B.

Article 5 (Distribution of Profits) In principle, the same labor, the same investment and the same distribution shall be made.

Provided, That the scope of labor can be divided into fields by agreement.

Article 14 (Term of Contract) The commencement of this contract shall be the time when the defendant completed his/her investment obligation, and the contract shall be the same.