logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원목포지원 2020.06.10 2017가단54754
약정금
Text

1. As to the Plaintiff, Defendant B, Defendant D, and Defendant F, each of the KRW 12,285,902 and each of them, from August 31, 2018 to June 10, 2020.

Reasons

1. Basic facts

A. On January 1, 2015, the Plaintiff and the Defendants, and G (hereinafter “instant seven persons”) entered into a partnership agreement with the content that they jointly operate the H Hospital and the I Hospital located in Yan-gun, Yan-gun (hereinafter “instant partnership agreement”) in one-seven shares, respectively (hereinafter “instant partnership agreement”).

B. At the time of the instant trade agreement, the instant seven parties agreed to the effect that “The global income tax generated during the period of the trade is different among the partners, but is to be jointly disbursed” under Article 7(10) of the instant trade agreement (hereinafter “instant tax share agreement”).

C. The business title of H Hospital was G, the business title of the Plaintiff, Defendant C, Defendant E, and I Hospital.

1. As of April 1, 2017, G and the Plaintiff terminate all the operating agreements with G, H hospital, and I hospital.

2. All medical devices and assets and liabilities, including liquor and hospital lease terms, belonging to the I Hospital upon termination of the contract shall be transferred comprehensively to G and the Plaintiff.

6. For the business operator of an I Hospital:

4.1.The interest shall begin to be zero (0) won.

Afterwards, the amount of deposits shall be reverted to the I Hospital.

9. All civil and criminal liabilities arising during the period of the operation of the business shall be jointly liable even after the contract is terminated;

10. The expenses of tax investigation and the return of the Service, etc. after the termination of the relevant business contract shall be responsible for each hospital;

12. Loans to I Hospital, KRW 300,000,000,000 and KRW 300,000,00 shall be reverted to H Hospital.

13. G. The Plaintiff’s termination shares are KRW 550,00,000, respectively.

On April 2, 2017, the instant 7 persons, J, and K terminated the instant partnership agreement, etc. and concluded a partnership agreement, the main contents of which include the following (hereinafter “instant termination agreement”).

Since that time, the Plaintiff and G have operated I Hospital, the Defendants, J, and K respectively.

E. On August 2017, the Plaintiff: (a) 37,848,200 won, the global income tax for the portion reverted to year 2016, the global income tax for the portion reverted to H Hospital.

arrow