beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On August 1, 2009, the Plaintiff and the Defendant agreed to jointly establish and operate the hospital with C, etc. (hereinafter “the first agreement”). Accordingly, on September 1, 2009, the Plaintiff and the Defendant jointly established and operated the Hospital D E (hereinafter “instant hospital”).
B. At the early stage of the instant hospital’s operation, C was comprehensively responsible for the management, and C purchased a building before the instant hospital’s import, and established a medical corporation F and opened a G hospital around August 2010. A dispute arose in relation to C’s import source of the instant hospital, and around 2012, C and the Defendant agreed on September 7, 2012, which included the following (hereinafter “instant agreement”).
The initial agreement of this case is null and void, and the plaintiff, defendant, G hospital and death building shall have the rights of G hospital and C, and C shall substitute for the settlement of accounts related to the same business under the first agreement of this case by paying KRW 400 million to B.
C. The Plaintiff and the Defendant agreed to jointly operate the instant hospital (hereinafter “instant agreement”) around the time of the instant agreement, and the actual operation of the instant hospital was led by the Defendant.
However, the management status of the instant hospital has deteriorated since 2013. D.
On November 18, 2013, the Plaintiff sent to the Defendant a content certification that contains the content that the agreement on the business of the instant hospital was terminated, and that a request for its settlement was made accordingly (hereinafter “instant notification”). On November 27, 2013, according to the instant notification, the Plaintiff sent a content certification that included the contents requesting cooperation in the cancellation of the agreement of the joint business proprietor of the instant hospital and the return of the intention to license (hereinafter “request for the cancellation of registration of the instant business proprietor”) and reached that time.
E. On December 11, 2013, the Defendant established the instant hospital.