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1. As to the Plaintiff (Counterclaim Defendant)’s KRW 1,753,330,916 and KRW 1,306,913,292 among them, the Defendant (Counterclaim Defendant) shall have the effect on October 2017.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Plaintiff and the Defendant’s trade agreement and termination 1) both the Plaintiff and the Defendant are medical doctors, and a trade agreement under which the Plaintiff and the Defendant jointly operate a hospital outside the prison on November 7, 201 (hereinafter “instant trade agreement”).
(2) The Plaintiff entered into the instant hospital from December 201 to December 201, 201, and “D Hospital” (hereinafter referred to as “instant hospital”).
The name of the hospital has opened and operated the hospital jointly. The main contents of the instant agreement are as follows. Article 3 (Principle of Project Implementation) The Plaintiff and the Defendant jointly invest the funds invested in the business in 50:50, and all profits therefrom are allocated to 50:50. In principle, the Plaintiff and the Defendant share the business of the hospital in Article 6 (Business Ratio) in 50:50, while all types of intangible or intangible assets of the hospital are owned by the Plaintiff and the Defendant in 50:50. (In the case of intangible assets: hospital’s premium or business right, brand value of the hospital, brand value of the hospital, patent value of the hospital’s trade name, etc., the hospital’s assets are not visible: all medical equipment, street, furniture, clothing, etc. within the hospital.) Article 11 (Cancellation of Contracts and Compensation for Damages) of the said agreement, the Plaintiff jointly paid the funds to the relevant institution within one year after the lapse of 20% of the equity ratio and the withdrawal from the hospital.
B. 1) As of October 22, 2016, the current status of the instant hospital’s business property is 2,613,826,585 won, including tangible assets, such as business facilities, equipment, inventory assets, and intangible assets, owned by the instant hospital, as of October 22, 2016, when the Plaintiff withdraws from the business relationship. (2) At present, the instant hospital is operated by the Defendant.