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(영문) 전주지방법원 2015.09.09 2014가합3046
손해배상
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence 1 to 3 and 7 to 9:

On February 2, 2004, the Plaintiff and the Defendant jointly opened and operated medical institutions under the name of E (hereinafter “instant hospital”) in the Gyeonggi-si, Gwangju-si, Gwangju-si, and D Ground Building Nos. 502 and 503, and entered into a partnership agreement with the following major contents (hereinafter “instant partnership agreement”).

- - (Paragraph 5) for the mandatory period of the partnership agreement, the period of the partnership agreement shall be from February 1, 2004 to its dissolution and shall not be terminated for at least 10 years, and shall bear disadvantages such as Paragraph 14, if the contract is requested to terminate within 10 years:

(6) Obligations

4. The plaintiff and the defendant have equal rights and duties.

(7) Capital. (7)

2. The total amount of investments shall be KRW 1,040,000,000 each by the Plaintiff and the Defendant respectively.

(8) external liabilities

1. Obligations required in the course of the operation of a hospital and the maintenance of its business shall be borne jointly by the joint name and, if so, the apportionment rate shall be equal;

2. There shall be no mutual responsibility for the personal liabilities before and after the business and for the personal liabilities other than the operation of the hospital.

(9) Distribution of profits

1. The gross income of all kinds of incomes, including outpatient treatment, surgery, hospital treatment income and rent income;

2. The total expenditure of all the expenses incurred in the operation of a hospital and the maintenance of its business;

3. The gross income shall be net profit excluding the gross income from expenditures;

4. Distribution between the plaintiff and the defendant of net income.

(A) The property management partnership business property shall be managed under the joint name of the plaintiff and the defendant. (A) The property management partnership business property shall be managed under the joint name of the plaintiff and the defendant.

(Paragraph 14) Voluntary withdrawal

2. 30% of its own shares in accordance with the cash value of the hospital at the time of withdrawal within five years after the contract.

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