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(영문) 의정부지방법원 2017.12.22 2016가합51313
동업관계부존재확인 등
Text

1. Of the instant lawsuit, the part of the claim for confirmation of the absence of a joint operation relationship shall be dismissed.

2. The plaintiffs' defendants.

Reasons

1. The plaintiffs' assertion

A. The Plaintiffs and the Defendants are medical specialists who jointly operate the instant hospital as well as women who jointly operate the said hospital.

B. The Defendants, while operating the instant hospital, committed the following corruption and flights.

① Defendant C withdrawn KRW 250 million from the account of the instant hospital without permission, and forced a specific drug supplier to unfairly return, refund, and suspend transaction, and forced the supplier to become the supplier, and intended to employ the child and the intention of the supplier, and to unfairly resign with the child and the intention of the supplier. In such process, the Plaintiff C committed verbal abuse, such as “A shall not treat human beings,” and “I shall close the Plaintiff’s wife.”

② Defendant D, in mind, installed several sirens managed by the instant hospital at a place other than the hospital, such as one’s house, and charged the hospital with the relevant sirens fee. Defendant D’s insulting speech and interviewed the Plaintiff, pointing this out, “I am gyna,” and “I am gyna,” etc.

③ The Defendants, without permission, reduced the amount of KRW 10 million from the Plaintiff’s pay, without permission, to contribute the amount of KRW 10 million to the Synasium Synasium Synasium Synasium, which is the mother of the Plaintiff, and, in the case of the personnel management of the Plaintiff, committed corruption and misconduct in the overall operation of the hospital by reducing promotions against the intent of the Plaintiffs.

C. Due to the above reasons attributable to the Defendants, the partnership relationship between the Plaintiffs and the Defendants with respect to the instant hospital was extinguished, and the above partnership relationship was dissolved pursuant to the Plaintiffs’ claim for dissolution of partnership (Article 720 of the Civil Act).

(1) The Plaintiff stated in the complaint of this case that the partnership relationship is terminated, but it appears that the claim is made for dissolution of partnership at the fourth date of pleading. Therefore, the Plaintiffs and the Defendants.

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