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(영문) 광주지방법원 2015.06.11 2013가합8726
출자금 등
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 Defendant and C’s related Defendants and C, who graduated from the same university, have changed the trade name between the Defendant and the Defendant and C, while engaging in work with I around December 2, 2010, as sexual surgery doctors (C’s line) who graduated from the same university (C) and Gangnam-gu, Gwangjudong-gu, Gwangju, and the Defendant and C, to Jinology. The trade name between the sexual surgery and the sexual surgery has been changed to Jinology.

B. The Defendant, C, and G’s Dong business contract, and C, jointly purchased the instant hospital building and six parcels (hereinafter “instant hospital site”) from Gwangju H to build a new hospital building. On July 13, 2009, G and the instant hospital site entered into a partnership agreement with the following contents for the purpose of constructing the hospital building and distributing profits arising from the joint management of the building:

(hereinafter referred to as “instant trade agreement”). Article 1 of the instant trade agreement (G; hereinafter the same shall apply) of the instant trade agreement

(1) A shall bear 1/3 of all the costs incurred during the construction and construction period for the joint management of the hospital building after the construction and completion of the building in the instant hospital site, and upon completion of the construction, A shall be obligated to make an investment to B with 1/3 (1/3 (1/3) of the costs of the instant hospital site owned by B (the Defendant, C, and hereinafter the same shall apply).

Article 2 [Obligation of Investment in B] B] provides land to construct a hospital building for the construction and joint management of the instant hospital site currently owned by B, and bears 2/3 of construction costs in the instant hospital site, and the obligation of investment has been completed.

However, the purchase of the river site for the construction of the building in the instant hospital site shall be borne by B.

It is confirmed that the land cost to be provided has already been explained and consented to Gap as a KRW 00 billion, and that Gap and Eul have been assessed without objection.

Article 3 [Business Management Obligations of A and B] and B are joint business operators, and they are incorporated by establishing a management company, which faithfully performs all obligations for construction and management, along with the completion of a building.

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