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(영문) 인천지방법원 2017.05.25 2015가합58163
정산금 지급의무 부존재 등
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

On June 7, 2013, the Plaintiffs and the Defendant entered into a partnership agreement between the Plaintiffs and the Defendant to jointly manage dental hospitals (hereinafter “instant partnership agreement”), and the content of the instant agreement is as follows.

A and B (Plaintiff A) and C (Plaintiff B) shall enter into the following contracts to jointly manage the E dental hospital located in Yeonsu-gu Incheon Metropolitan City D:

Article 1 (Investment Obligations) A and B shall invest capital necessary for the management of the E dental hospital, respectively, and the respective equity ratio shall be 53%, 33%, and 14%, respectively.

If the total sales of six months are at least five billion won, Byung shall be deemed to be a full-time employee, and the additional amount shall be 10 million won, and at this time, Byung's equity ratio shall be 18%.

There is no further additional investor.

Article 4 (Distribution of Profits) The net profits after the settlement of accounts each month shall be distributed according to the ratio of each person's sales to 70% of the net profits, and the remaining 30% shall be distributed in accordance with the ratio of shares of each person.

The sales shall be calculated by the total sales of new exchanges allocated each month, including all insurance and non-insurance treatment.

Provided, That 70% of the total cost is recognized in the case of the establishment of one's own eggs in the Gu lecture, and 50% of the total cost is recognized in the case of the medical treatment for the establishment of one's own eggs in the Gu lecture, and 50% of the total cost is recognized.

Other sex, correction, patriarche and treatment shall be excluded.

Distribution of profits shall be implemented on the 10th day of the following month after the settlement of accounts.

Article 5 (Liability for Loss) Where losses are incurred after the settlement of accounts each month, the total amount of losses shall be borne by Gap 40%, Eul 40%, and Byung 20%.

In the event of Class B, Class A, B, and C shall be borne equally.

Article 7 (Right of Monitoring of Business) A and B shall, at the request of the other party, present in writing the matters concerning the accounting and the accounting data on the business and transactions and report on the overall business at any time.

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