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(영문) 서울중앙지방법원 2018.02.08 2015가단5177153
정산금
Text

1. The Defendant’s KRW 37,530,762 as well as the Plaintiff’s annual rate of KRW 5% from March 27, 2015 to February 8, 2018.

Reasons

1. Basic facts (applicable for recognition: Fact that there is no dispute, entry of Gap evidence 1, purport of the whole pleadings);

A. The Plaintiff and the Defendant, as an external doctor, opened a hospital with the name of “D Council member” in Gangnam-gu Seoul and the name of “D Council member” from August 13, 2012 according to the Dong business agreement, and operated the hospital by moving the hospital to “Seoul Seocho-gu E and nine floors” around the end of 2012.

B. The Plaintiff and the Defendant’s share ratio were 50%, and each 50% of the total net income was settled, and each 50% was distributed (the Plaintiff received salary pay, and the Plaintiff was settled in cash in excess of 50% of the total net income). The Defendant, from the end of March 2014, refused to divide profits and to implement the existing agreement. The Plaintiff and the Defendant decided to terminate the business as of July 12, 2014, and agreed on the settlement of the instant Dong business on July 14, 2014 as follows:

(hereinafter “instant settlement agreement”). 1.1. (1) The Plaintiff owned the goods that were taken out as of July 13, 2014, and the Defendant drafted a transfer agreement on the said goods.

② The Plaintiff is entitled to KRW 51,772,109, and KRW 90,00,000, half of the lease deposit, from the Defendant.

③ The Plaintiff shall receive KRW 2,479,700 from the hospital account for nine patients with extra medical care.

4. The plaintiff has the right to answer the tables and net knowledge prepared after the commencement of his/her business and before the completion of his/her business.

⑤ The Plaintiff has the right to jointly use the content of the Defendant’s current website.

6. The plaintiff has the right to receive the settlement of accounts on the income yet to be settled.

2. The Defendant has the remaining D assets, such as the Plaintiff’s goods and rights, and the name of D (the Plaintiff does not use the trade name “F” and “G” at the same time).

The defendant shall inform the patient of the name and location of the plaintiff when the patient's phone calls for the plaintiff are D.

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