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(영문) 창원지방법원통영지원 2019.04.18 2017가합10516
구상금 등 청구의소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Agreement on the Conclusion and Termination of the Agreement on the Mutual Aid of the Parties to the Agreement on the Mutual Aid of Business by the Parties is to enter into and terminate the Agreement with the Plaintiff (hereinafter “A”) and the Defendant (hereinafter “B”) jointly enter into and manage the D Hospital, and they enter into the Agreement with good faith and sincerity as follows.

Article 2 (Operational Method) The operation method of the D Hospital shall be in accordance with the following provisions:

1. Establishment of a D hospital in the form of a joint name of the joint members, and the first joint business operator shall be A and B, and the chief director shall be A;

2. The capital of the common members and the capital of the common members shall be 50:50, including hospital buildings;

The shortage of the building price shall be paid additionally in cash.

In addition, even if the increase in capital is additionally required at the time of joint opening, the shares is 50:50.

4. Total expenditures and revenues, such as rights to fixed assets and liabilities, liabilities and authority of accounts payable and current assets (medical accounts receivable, etc.), taxes and public charges, taxes and public charges, limits of liability for common debts, wages of employees, etc. shall be 50:50 same as Gap and Eul;

5. The overall matters concerning the management of a D hospital, including the improvement and repair of the method of making decisions on management decisions, the purchase of medical supplies, the personnel management of employees, and the occurrence of additional joint ventures, shall be decided by the resolution of the president of the representative institute, if Gap and Eul jointly discuss and express their opinions;

7. The distribution of profits and the distribution of all profits and the apportionment of operating expenses incurred after the common opening of the operating expenses shall be 50:50.

11. If the joint opening operator wishes to terminate the joint opening during the period of the joint opening of the joint opening operator, he/she shall give prior notice to the other party six months in advance and shall evaluate assets and liabilities from the joint opening date to the date of termination and distribute the same shares to 50:50.

1) The Plaintiff and the Defendant, both of whom are doctors, shall be D Hospital C located in Tong Young-si on March 1, 2005 (hereinafter “instant hospital”).

1.2.2. The opening and operation of the Corporation.

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