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(영문) 춘천지방법원원주지원 2015.09.10 2014가합6141
대여금
Text

1. The Defendant shall pay 66,00,000 won to the Plaintiff and 20% per annum from November 7, 2014 to the day of complete payment.

Reasons

1. Basic facts

A. On March 31, 2014, the Plaintiff, not a medical personnel, was a non-profit medical corporation, which operated the Gangwon-do B Hospital located in the Crossing-gun, and there is no dispute between the parties to the instant contract between the Plaintiff and the Defendant, who was a non-profit medical corporation, and the Plaintiff entered into an entrusted operation contract (hereinafter “instant contract”) with the Defendant to pay the Defendant a deposit of KRW 400 million and monthly payment of KRW 30 million until April 1, 2017 (it may be extended once) under the entrustment of the C Hospital (including the affiliated funeral hall; hereinafter “instant hospital”) by the Defendant, while operating the instant hospital, and having the operational performance while operating the instant hospital. However, Article 2 of the instant contract states that the profits and the settlement of expenses are in accordance with the law. However, there is no conflict between the parties to the instant contract that the Plaintiff would revert the operational performance (profit) during the entrusted operation period.

Article 1 (General Provisions) A (referring to the chief director of the Defendant) shall enter into an agreement that only the medical corporation in this case, the president of which is the medical corporation B, shall entrust the management right (referring to the Plaintiff) to B (referring to the Plaintiff) through a resolution of the board of directors.

A shall hold a board of directors without delay after the preparation of this Agreement to assume the responsibility for the appointment of B’s directors and the ratification of this Agreement.

Article 2 (Duty of Fidelity Performance) A and B shall respect each other, and matters related to the affairs of corporations inherent in a medical corporation shall be performed under the responsibility of A, and matters related thereto shall be performed under the responsibility of B, and matters related thereto shall be performed under the responsibility of B.

In order to take partial charge of business affairs among them, and to promote the development of corporations, Gap shall make every effort to create various environment so that the best management of hospitals can be activated.

B shall be operated at a hospital and affiliated funeral hall, and in principle, it shall be conducted as prescribed by the Act when the earnings and other expenses are settled.

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