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(영문) 서울중앙지방법원 2014.03.11 2013가단81369

양수금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. In May 201, the Defendant and four persons, including C, D, and E, established a hospital and a hospital management support company, and established a hospital management support company to attract Chinese patients, etc., and entered into a partnership agreement with the Defendant and C, etc. (hereinafter “instant partnership agreement”) with the Defendant and D, etc., which, after treating the patient at the hospital, deposited the revenue into the hospital as the above hospital management support company to distribute the revenue therefrom according to the equity ratio of the partners. The contents of the partnership agreement are as follows.

Article 1 (Purpose) B (hereinafter referred to as “A”), D (hereinafter referred to as “B”), E (hereinafter referred to as “A”), C, and F (hereinafter referred to as “C”) shall enter into this Agreement (hereinafter referred to as “the Agreement”) with each of the following provisions agreed in the joint investment and operation of the hospital in an I (tentatively named, hereinafter referred to as “G”) opened to the second floor of H hotel located in Yongsan-gu Seoul Metropolitan City and the J (hereinafter referred to as “J”) managing the hospital:

Article 5(Apportionment of Duties) The representative director of the Hospital shall be the “A” and the “B” and the representative of the “J” shall be the “A” or the “J”’s “B”’s “B”’s “B” and shall be the auditor of the “J”.

Article 6 (Adjustment of Terms) (1) The term "revenue" refers to all incomes obtained from all medical services provided by the hospital to patients and all incomes through consulting, education, franchise, etc. obtained from the J.

(2) The term "income" means personnel expenses (including salaries of contracting parties who separately agreed upon), management expenses, exit equipment, taxes and public charges, interest on loans and equipment leasing fees for the opening of a hospital, building rental fees, interior depreciation costs, and fees, etc. paid using services externally, which are incurred in connection with the operation of the hospital and the J.