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(영문) 대구지방법원김천지원 2014.01.17 2013가합51
배당금지급
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the entries in Gap evidence 1, 7, and Eul evidence 1 and the purport of all pleadings:

The Plaintiff B, C, and the Defendants, as dentists, formed a “H” (hereinafter “instant Research Council”) from November 2006, and opened and run a dental clinic in the old and present area. The Plaintiff A newly joined the instant Research Council around March 2008.

B. On August 11, 2009, the Defendant agreed to jointly operate multiple dental clinics, each of which was operated by each of the Defendant, to distribute the profits and to bear the expenses equally. The Defendant drafted a “H business agreement” with the following content:

(hereinafter referred to as the “instant trade agreement” and the said agreement is referred to as the “instant trade agreement”). Article 1 (Name and Office) (1) The name of this meeting is referred to as the “H” (hereinafter referred to as the “instant trade agreement”).

Article 2 (Purpose) (1) The objective of this Agreement is to become a successful dentist and to create successful individuals and organizations based on the method of 1/N lifelong partnership between the parties, facing rapidly changing circumstances of dental technicians.

Therefore, the contents of this Agreement are, in principle, superior to other relevant laws or regulations.

② This Association is a successful dentist who holds a first-class hospital with which all its members agree by gathering the resources and capabilities of the compositions agreed to provide a 1/N lifelong partnership.

Article 3 (Definitions) (1) The term “1/N lifelong Partnership Business” means the same expenses as 1/N members for the maintenance and management of the hospital, including the expenses of the hospital buildings, facilities, equipment, etc., which are co-owned property of this Agreement, by lawful dentists who have promised to observe ethical standards for medical and social acts provided for in this Agreement.

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