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(영문) 광주고등법원 2016.07.08 2015나1450
출자금 등
Text

1. The plaintiff's claim that is changed in exchange in the trial is dismissed.

2. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. C, the debtor and the representative director of the plaintiff, have established and operated a mutual hospital, jointly with Gwangju Dong-gu D and Gangnam-gu Seoul, 'Fsung Foreign Department', as sexual surgery doctors who graduated from the same university.

B. On July 13, 2009, the debtor and C concluded a partnership agreement with the following contents in order to jointly purchase, and jointly manage and operate the hospital building in the instant hospital site, the debtor and C jointly purchased the Seo-gu, Seo-gu, Gwangju (hereinafter “instant hospital site”).

(hereinafter referred to as “instant trade agreement”). Article 1 of the instant trade agreement (G; hereinafter the same shall apply) of the instant trade agreement

(1) A shall bear 1/3 of all the expenses incurred during the construction and construction period for the joint management of the hospital building after the construction and completion of the building in the instant hospital site, and upon completion of the construction, A shall be obligated to make an investment to B with 1/3 (1/3 (1/3) of the costs of the instant hospital site owned by B (debtor, C, hereinafter the same shall apply).

Article 2 [Obligation to Make Investments in B] The obligation to provide land to construct a hospital building for construction and joint management of the instant hospital site currently owned by B and to bear 2/3 of the construction costs in the instant hospital site is completed.

However, the purchase of the river site for the construction of the building in the instant hospital site shall be borne by B.

It is confirmed that the land cost to be provided has already been explained and consented to Gap as a KRW 00 billion, and that Gap and Eul have been assessed without objection.

Article 3 [Business Management Obligations of A and B] and B shall perform all obligations for construction and management as joint business operators, and shall be delegated to a company established by the establishment of a management company and the sale, lease, and management company for the management of a building with the completion of the building at the same time, and the organization and operation of a management company shall be subject to mutual trust.

Article 4 [Obligation to distribute Profits of A and B] and B.

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