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(영문) 대전지방법원 2021.03.24 2019가합107573
약정금
Text

Defendant’s KRW 1,00,000 and KRW 5,00,000 among them to the Plaintiff, respectively, shall be KRW 500,000,00 from October 1, 2019 to KRW 500,00,00.

Reasons

1. Basic facts

A. The Defendant is a doctor to operate a mutual hospital, which is, in the building located in Seo-gu Daejeon Metropolitan City, a clinic located in D (hereinafter “instant hospital”).

Article 2 of the Joint Business Agreement and Article 1 of the current assets 1) The defendant's facilities are currently being used for the above business, as shown in the attached list, it is confirmed that the value of the facilities is KRW 20 million and that the defendant and the plaintiff have assessed without objection.

2) The Plaintiff has the right to share 45% by providing KRW 35 million to the Defendant to jointly manage the instant hospital and gain profits.

Article 4 Distribution 1) The defendant and the plaintiff shall distribute profits from January 1, 2014 to December 31, 2018, to 55, and at the same time, verify the assets of each person by preparing financial statements.

Article 9. Special Terms and Conditions 4) When transferring shares, the premium shall be paid at the time of maintaining shares for at least five years.

5) For one year after the transfer of shares, E, F Dong, G Dong separately prohibits the participation of members and other places of business in each E, Dong, G, and is liable for any waiver of the premium and additional damages in the event of default.

6) The premium of the instant hospital is calculated as five times the average monthly insurance claim amount in the previous year, and is owned respectively by the authority of the share ratio in the calculated amount.

7) The depreciation of tangible assets, including internal facilities and all equipment, shall be limited to five years of a year, and shall be determined by the straight line method, and shall be firmly established that there is no different different views.

9) As part of January 1, 2019, the Plaintiff’s share will be 50% and 5% of the deposit will be paid to the Defendant, and the Defendant’s share will be accepted.

B. On January 16, 2014, the Plaintiff entered into a partnership agreement with the Defendant to jointly operate the instant hospital (hereinafter “instant partnership agreement”) and operated the instant hospital as a joint hospital with the Defendant.

In this case.

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