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Reasons
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(영문) 서울남부지방법원 2016.10.27 2015가합103051
투자금반환 청구의 소
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1. The Defendant: (a) paid to the Plaintiff KRW 277,50,000, KRW 210,000 to the PlaintiffB, and each of the said money to the PlaintiffB, from April 17, 2015 to September 2015.

Reasons

1. Basic facts

A. The Defendant, including the parties’ status, and the Intervenor joining the Defendant (hereinafter “ Intervenor”) are medical doctors. The Intervenor, from October 5, 2007 to December 31, 201, operated the Yeongdeungpo-gu Seoul EF Hospital (hereinafter “instant hospital”), and the Defendant currently operates the said hospital.

(b) Conclusion of joint investment operation agreements;

1. In organizing and operating the instant hospital as a convalescent hospital, a hospital establishment operating committee shall be constituted, and a written agreement shall be prepared in common agreement in the scope and operation of the hospital.

The amount of shares held by shareholders (won) shall not exceed the equity ratio

1. An intervenor or a designated director representing 400,000,000 40% (management director);

2. G (designated persons) 300,000,000 non-standing 30% (business support);

3. J (designated persons) 200,000,000 non-standing members;

4. The sum total of 1,00,000,000 10% hospital principals (the designated persons thereof) 1,000,000,000

3. The investor’s organization and share payment account: K (A) 1) Defendant G, G, H (the Intervenor’s birth) and I (Agent J) of the New Bank of Korea, on March 23, 2012, containing the following details with respect to the joint investment and operation with respect to the instant hospital (hereinafter “Joint Investment/Operation Agreement of March 23, 2012”).

(2) On July 25, 2012, the Plaintiff A, the Defendant, H, and I (Representative J) revised part of the above Joint Operation Agreement, and "Joint Investment/Operation Agreement" containing the following (hereinafter "Joint Operation Agreement") and "Joint Investment/Operation Agreement" containing the said Joint Operation Agreement.

1) A. As of the summary, in organizing and operating the instant hospital as a convalescent, the Committee for the Establishment of the Hospital shall be constituted, and the agreement shall be prepared in accordance with the joint agreement in its scope and operation.

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