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(영문) 서울고등법원 2013.03.14 2011나88360
동업지분권확인 등
Text

1. Upon the conjunctive claim added at the trial, Defendant B shall be the Plaintiff, Defendant B shall be KRW 106,311,922, Defendant C shall be the 70,874,615, and the 70,874,615.

Reasons

d. A lease agreement was concluded.

The Plaintiff and Defendant B, both of whom are non-medical persons, established a medical corporation in the future and operated the hospital in their name, on the grounds that they are unable to establish a medical institution under their own name. However, the hospital was established in the name of the medical corporation and operated the hospital. At the time of the establishment of the medical corporation, G (the president of the hospital to be entrusted with the hospital), after obtaining permission to establish the medical institution under G’s name and completing business registration, and around July 10, 2006, the Plaintiff and Defendant B opened the hospital “H hospital” (hereinafter “instant hospital”).

E. After that, Defendant B requested the Plaintiff to add Defendant C, one’s own person, to the partnership party, and accordingly, the Plaintiff and Defendant B and C entered into the partnership agreement on September 9, 2006 (hereinafter “instant partnership agreement”). The main contents are as follows.

Article 1 (Investment Obligations) The Plaintiff, Defendant B, and C shall contribute capital necessary for the operation of the H Hospital.

* The amount of salaries, taxes, public charges, and other expenses (including incentives with 10%) disbursed by H Hospital under attached Form 3 (No. 1 copy of the Real Estate Sales Contract, Lease Contract 1) shall be settled, and the profits shall be distributed to the Plaintiff 35%, Defendant B35%, and Defendant C30% on the fifth day of the following month after the settlement, and the contract shall be automatically succeeded even if this hospital is converted into a medical corporation.

Article 6 (Liability for Loss) If the plaintiff and the defendant B suffered a loss due to erroneous operation of the above hospital, they shall bear the loss according to the investment rate.

Article 7 (Right of Monitoring of Operation) The Plaintiff, Defendant B, and Defendant C shall, at any time at the request of the other party, present in writing the accounting data on matters concerning accounting and operation and report the overall operation.

Section 8 (Term of Contract) This Agreement shall continue to exist for two years, except in extenuating circumstances, and in case of expiration of the period, the other party's objection thereto shall not be raised.

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