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Reasons
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(영문) 의정부지방법원고양지원 2019.01.24 2018가단72426
배당금 청구의 소
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff owned 1/2 shares of each of the land and its ground buildings in Seo-gu Incheon, Seo-gu and Incheon, and the Defendant is a dentist as a senior high school-friendly district of the Plaintiff.

B. On October 25, 2009, the Plaintiff entered into a partnership agreement with the Defendant to jointly operate the said building E (hereinafter “instant hospital”) and to distribute profits by jointly operating the pharmacy in the said building G.

(hereinafter referred to as the "instant partnership agreement" in total with respect to the instant hospital between the Plaintiff and the Defendant). The method of distributing the profits under Article 1 (A) (the Defendant: the Plaintiff)

1. Pharmaciess 50:50;

2. Dental 70:30 (Provision of Additional Incentives at More than KRW 100,00) A received a loan of KRW 300,000 by means of the real estate owned by B (as specified in Section 4:1 of the same business contract) and among these loans, KRW 1.7 billion will be held by A and KRW 1.3 billion will be held liable to B for its obligations.

C. On February 1, 2010, the Plaintiff drafted an agreement with the Defendant which takes precedence over the said agreement, and the main contents are as follows.

The Defendant obtained a total of KRW 320 million from H (hereinafter “H”) on February 9, 2010 for the operation of the instant hospital. KRW 319,700,000, excluding the above loans, was deposited into the H account under the name of the Defendant. On February 10, 2010, the Plaintiff created a collateral security right of KRW 455,500,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000 won

E. From February 2010, the Defendant opened the instant hospital and provided medical treatment. The Plaintiff was in charge of fund management and administrative affairs of the instant hospital from around that time to November 2010, and thereafter, the Defendant operated the instant hospital alone.

Article 1 Rights to Dentals and Pharmaciess

1. Dental: A (the Defendant) shall have the goodwill and interest of 100 per cent.

2. A pharmacy: A (Plaintiff) shall be 100%.

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