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(영문) 서울중앙지방법원 2018.08.28 2016나69217
물품대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. On April 14, 2014, the Defendant and B, a doctor, entered into a partnership agreement with the following terms and conditions (hereinafter “instant partnership agreement”) and registered as a joint proprietor of the D’s business, and operated the following government C’s KRW D.

Purpose: The purpose of B and the defendant is to open and operate the two and three floors of the F building in the House B in the House B in the House B in the House B.

Conditions

1. The purpose B and the defendant is to jointly establish hospitals on the real estate of their own use and to entrust the defendant and B to the joint president.

2.B shall invest all the rental deposit, interior cost, and equipment owned (including lease), and the Defendant shall contribute to B by generating the necessary equipment, etc. from the proceeds of the investment implementing this Agreement as the proceeds of the implementation thereof.

3. B and the Defendant are notarized on the date this Agreement was concluded after the conclusion of this Agreement.

4. B and the defendant shall divide profits, etc. from the operation of the hospital into equity shares in a transparent manner.

B and the defendant's basic benefits shall be set at KRW 7 million up to three months after the opening of the Council, and shall be adjusted again thereafter.

Equity shares shall be 270 per cent of net profits excluding all expenses (wages, existing and new equipment leasing charges, rents, taxes, other expendable goods, miscellaneous expenses, etc.) and shall be 30 per cent of the defendant 1, and the shares shall be adjusted by dividing them into two quarters in a year and shall be changed by mutual consultation.

B. From September 3, 2014 to January 14, 2015, the Plaintiff entered into a drug supply contract with one transaction partner B as “D Council member B,” and accordingly, from around September 3, 2014 to around January 14, 2015, the Plaintiff supplied D Council members with the “Catology, Gabnn, Gabn, Rabscin, Megain, Megain, and Domine, Domine, Domine, Domine,” on several occasions, and supplied “5% Pats (e.g., 5%) and supplied 86,43,776 won (including value-added tax) in total.”

C. On December 1, 2014, the Defendant entered into the instant trade agreement with B.

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