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(영문) 의정부지방법원 2016.06.01 2014가합58624
약정금
Text

1. The Defendant’s KRW 63,070,596 for the Plaintiff and KRW 5% per annum from May 9, 2014 to June 1, 2016.

Reasons

A. The agreement on the content of the agreement (as at the end of the agreement, three parties for the Defendant, G, and Dodd Forest Design are parties to the agreement, and the Defendant and Dod Forest Design affixed the seal, but they did not affix the G seal; hereinafter the “instant agreement”).

The purpose of Article 1: The purpose is to liquidate the entire tax of the instant building, the liabilities of the monthly rent and facilities, and to create a friendliness of mutual interests.

Article 2 Scope of Agreements: In principle, the basis on which there is no net profit on the 3 and 4th floor shall be distributed to the portions of net profit on the 5th floor under presumption, verification, and recognition.

Article 3 Distribution:H (Medical Device Enterprise), Air-condition (Plaintiff) = 30/100 Building owners (C, D), and G (G was scheduled to purchase buildings from the building owner C at the time of the said agreement, and therefore, the said G was a party to the agreement to make investments on behalf of C, etc., and thus, the said G was a party to the agreement, which was decided to make an investment on behalf of C, etc.: Provided, That the said G did not make an investment, and the said agreement did not seal the said agreement) = 40/100 Guide Design = 30/100 * at the time of liquidation of debts.

F. The construction of the fifth floor of the instant building was completed due to the construction of the broadband Design according to the instant agreement. From December 17, 2009 to December 5, 2009, the five floors were additionally opened and used as a hospitalization room.

After that, the Defendant’s income derived from the operation of the instant hospital is KRW 2,733,84,460 of the sales income during the taxable period from January 1, 2010 to December 31, 2010, KRW 2,110,97,158 of the basic expenses, and KRW 543,461,413 of the global income from January 1, 201 to December 31, 2011, and KRW 186,304,07 of the tax amount paid for the income during the said taxable period, and KRW 604,836,394 of the global income from January 1, 201 to December 31, 2012; and KRW 214,487,426 of the tax amount paid for the income during the said period.

G. On August 1, 2011, pursuant to the instant agreement with the Defendant, the Plaintiff earned the instant agreement out of KRW 622,887,302 (i.e., 2,73,884,460 for sales revenue amounting to KRW 2,110,97,158 for basic expenses).

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