beta
Text
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The defendant is a medical corporation C (the plaintiff was a medical corporation D, which was established on November 3, 1997, but was changed to the current name on January 17, 2007 and all hereinafter referred to as "C")'s representative, and the plaintiff is the defendant's wife.
B. On May 25, 191, the Defendant, a medical specialist, established and operated a foreign-capital invested company and a council member on June 8, 1991, when he leased the building on the land outside Daegu-gu, Daegu-gu, and one parcel of land. On April 14, 1994, the Defendant entered into a partnership agreement with the Plaintiff to newly establish and jointly operate a G hospital (hereinafter “instant partnership agreement”) with the Plaintiff on April 14, 1994, and (1) the Plaintiff contributed 10 10 m2,659 m2, including Daegu-gu, and the building on its ground, and takes charge of external affairs, such as administrative affairs, after establishing a G hospital, etc., and (2) the Defendant contributed 1 billion won for the building fund and medical technology, and (3) the profits therefrom are distributed by the original Defendant 1/2.
However, on June 30, 1995, the Defendant opened and operated a general hospital on April 30, 1996, and established C (the name at that time is a medical corporation D) with the Plaintiff on November 3, 1997. Around that time, the Defendant transferred all rights to the original Defendant’s G hospital to C, and continued to operate the hospital under the name of DD G hospital on November 26, 1997.
C. On May 14, 2003, the Defendant filed a lawsuit against the Plaintiff, including loans, etc. with the Daegu District Court 2003Gahap7023, which had been pending in the lawsuit, on January 10, 2005, and agreed with the Plaintiff on January 24, 2005 to March 14, 2005, both the Plaintiff and the Plaintiff paid KRW 227 million.
After that, with respect to the above lawsuit on August 16, 2005, the court of the first instance, at KRW 662,40,000, the total amount of damages that the plaintiff has borrowed from the defendant or shall compensate the defendant for the illegal act, shall enter into the business partnership contract of this case.