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(영문) 대구고등법원 2015.01.14 2014나20388
건물명도
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On October 16, 2007, the Plaintiff, who operated the hospital with the trade name called “Csanbu” in the instant real estate owned by the Plaintiff, prepared a business contract with the Defendant with respect to the said hospital (hereinafter “instant contract”) with the following contents, and thereafter, operated the said Csanbu together with the Defendant.

In the same business place: Csanbu and Dong business owner in Gyeong-si, Gyeong-si: A-B (Defendant) and B shall enter into the following contracts for the purpose of jointly distributing profits arising from the equal investment of all equity interests (land, buildings, equipment, and all other human and material assets) in relation to Csanbu and B:

Article 1 (Appraisal of Assets) A and B verify that as of October 16, 2007, land, buildings (value of KRW 2.45 billion) and other assets with Csanbuin as of October 16, 2007 were assessed without objection as of KRW 3.788 billion.

Article 2 (Investment Method) A: It shall be deemed that the existing Cindustrial fathers and the independent owner of human and physical assets have completed the investment by providing all assets and jointly owning with the defendant.

B’s financing method: (a) providing the Plaintiff with KRW 1.79 billion to recognize 50% of the equity interest by providing the Plaintiff with the following financing method:

(1) From among loans extended with Csanbu and buildings and land as collateral, the Daegu Livestock Industry Cooperative KRW 1.450 million and the daily milk business amounting to KRW 330 million and KRW 1.788 billion out of the total amount of KRW 50 million shall be succeeded to the debt amounting to KRW 890,000,000,000,000, whichever is 50 billion out of the total amount of KRW 1.788 billion.

(2) An enterprise bank shall provide 400 million won, out of 500 million won, of the loans secured by medical insurance benefits in the name of Csan and father of the enterprise bank (Medi-car network theory).

At this time, the remaining KRW 100 million shall be used by A.

In the case of a joint name, the liability to pay for the loans of B is KRW 250 million, and as such, the remaining KRW 150 million is against B.

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