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(영문) 청주지방법원 2013.12.05 2012가단9188
청구이의
Text

1. The application for intervention by the defendant succeeding intervenor shall be dismissed;

2. The defendant's notary public against the plaintiff is a law consultant.

Reasons

1. Basic facts

A. The Plaintiff is an incorporated association established for the purpose of the dissemination of the family and training activities and the establishment and operation of medical institutions related thereto. The Defendant is a person who operated D2, 3, and 4 floors E (hereinafter “instant hospital”).

B. The instant hospital operated by the Defendant was admitted as a member of the Plaintiff around May 201, and the instant hospital was designated as a subordinate branch office of the Plaintiff on May 12, 2011.

C. On October 24, 2011, the Plaintiff and the Defendant agreed on the operation of the instant hospital, and drafted an agreement on the waiver of rights as follows:

The defendant renounces all rights necessary for the operation of the hospital, such as the office equipment, equipment, facilities, deposits, and current status of operation, established in the instant hospital in the name of the plaintiff, transfers all rights to the plaintiff, and immediately proceed with the procedure necessary therefor.

The Plaintiff and the Defendant do their best to repay the total amount of liabilities until October 18, 2011 of the instant hospital KRW 77,297,997, and the debts to the building deposit.

The defendant's debt excluded from attached data is responsible for the defendant, and the plaintiff should not interfere with the operation of the hospital.

Of the debts, the defendant's personal debts of KRW 20,00,000 and the security deposit for the building are paid with the loan of the plaintiff, and until the loan is made, the defendant shall not cause any damage to the hospital as an individual's obligation.

The plaintiff has 65% of the shares in net profits of the hospital of this case, and the defendant has 35% of the shares.

The Plaintiff shall be responsible for the operation of the instant hospital, bear all necessary funds, and shall be paid out of the operating expenses of the instant hospital.

The defendant is prohibited from using an unregistered ruling without the plaintiff's approval.

The defendant shall not have the right to personnel management, financial use, and all documents of the hospital, and shall obtain approval from the plaintiff at all times.

The plaintiff and the defendant are the hospital of this case.

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