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(영문) 서울고등법원 2017.10.19 2017나2010877
정산금등청구의소
Text

1. Of the judgment of the first instance, the part against the Plaintiff, which orders additional payment, shall be revoked.

Reasons

1. Basic facts

A. (1) The Defendant B, from around 2003 to the second floor of the building D in Bupyeong-gu, Seocheon-gu, Seoul, concluded a contract with the Defendant C, a doctor with the child, and operated the said hospital together (hereinafter referred to as “existing hospital”) around December 2008.

(2) On July 26, 2010, the Defendants concluded a partnership agreement with the Plaintiff, who was an intention to impose a tax on July 26, 2010, with the content that the existing hospital should be expanded and relocated to the third floor of the said D building and operated together.

(2) The court below's decision that the court below erred by misapprehending the legal principles on the establishment and operation of the hospital in this case is justifiable. The court below erred by misapprehending the legal principles on the establishment and operation of the hospital in this case. The court below erred by misapprehending the legal principles on the establishment and operation of the hospital in this case. The court below erred by misapprehending the legal principles on the establishment and operation of the hospital in this case. The court below did not err by misapprehending the legal principles on the establishment and operation of the hospital in this case. The court below did not err by misapprehending the legal principles on the establishment and operation of the hospital in this case. The court below did not err by misapprehending the legal principles on the establishment and operation of the hospital in this case.

2. On July 29, 2010, the Plaintiff deposited KRW 50 million into the account in the name of Defendant B with the intent to make an investment in cash. The hospital of this case is the hospital of this case.

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