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(영문) 서울고등법원 2014.12.12 2013나69684
손해배상(기)
Text

1. The amount of money ordered to be paid below out of the part against the plaintiff (Counterclaim defendant) against the principal lawsuit of the judgment of the first instance.

Reasons

1. Basic facts

A. The Plaintiff is a dentist, and the Defendant, as the Plaintiff’s high school-friendly district, owns 1/2 of each of the land and its ground buildings in Seo-gu Incheon and Seo-gu, Incheon (hereinafter “instant building”).

B. On October 25, 2009, the Plaintiff entered into a partnership agreement with the Defendant on October 25, 2009 (No. 1) and the Plaintiff’s partnership agreement (No. 2, No. 25, No. 501, Oct. 25, 2009 (hereinafter “instant hospital”).

(B) The Plaintiff and the Defendant entered into a partnership agreement to jointly operate pharmacies from 105 to jointly distribute profits (hereinafter referred to as “instant partnership agreement” in total as to the instant hospital.

(b) The main points thereof;

Details are as follows:

Article 3 Initial inputs and Method of Contribution

1. A (Plaintiff) and B (Defendant) shall input 350,000,000 won as initial input expenses, respectively;

30 million won 20 million won

2. Initial investing Method: A shall be required to purchase CT, physical fishing, materials, apparatus, etc., and B shall be required to purchase a lease deposit, interior, signboard, office fixtures, etc.

Article 4 Section A shall be provided with the real estate of Eunpyeong-gu Seoul Metropolitan Government (F apartment 628 Dong 1401) as security, and the repayment method shall be the fund raising from the ordinary city bank as the amount of personal credit loans, and the repayment method shall be the first priority order at the time when the H value division located in Gangseo-gu Seoul Metropolitan Government (the plaintiff was in operation at the time) is arranged.

2.B shall borrow 350 million won from E and shall be separate redemption key.

After monthly settlement of accounts for the method of distributing profits under Article 5 of KRW 300 million, Gap and Eul will make an agreement to distribute the profits to 60:40.

The number of parts is the part that the plaintiff and the defendant revised to the number of parts.

2) The agreement entered into on February 1, 2010 (A evidence No. 3) (the plaintiff), which takes precedence over the agreement entered into with the defendant on February 1, 2010.

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