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(영문) 대구고등법원 2016.06.01 2015나2950
이익분배
Text

1. All appeals filed by the Plaintiff and the Defendants are dismissed.

2. The plaintiff's claim against the defendants expanded in the trial.

Reasons

1. Basic facts

A. On March 25, 2004, the Plaintiff and the Defendants entered into a joint project agreement (hereinafter “instant joint project agreement”) with a view to jointly operating “E” located in Seo-gu, Daegu (hereinafter “E”), and drafted a joint project agreement (Evidence A 1) with the following contents.

Article 4 (Shares) (1) The Plaintiff and the Defendants, regardless of the title of assets, shall hold equal shares (one third) in all assets of the Plaintiff.

Article 5 (Investment Obligations) (1) The Plaintiff and the Defendants are equally liable to make an equity investment when acquiring assets necessary for the operation of the headquarters in the future.

② The Plaintiff and the Defendants shall bear the same expenses as are necessary for the operation of the main institute.

Article 10 (Accounting Year) The fiscal year of the present Won shall be from January 1 to December 31 each year.

Article 11 (Distribution of Income) (1) The plaintiff and the defendants shall distribute equity shares equally (one-third) on the basis of provisional disposition income after the settlement of accounts for each fiscal year from the gross income earned from the operation of the hospital, excluding all expenses.

(2) Taxes and public charges related to the management of the headquarters shall be disbursed from its principal source and taxes and public charges imposed on or imposed on an individual by its partner shall be borne by each individual.

Article 13 (Term of Contract) (1) This contract shall be valid for six years, except in exceptional circumstances.

(2) Where there is no peculiar information for six years and six months prior to the due date, it shall be extended for six years.

(2) In calculating the term of a contract under Article 13, the contract commencement date for the first six years shall be the commencement date of the contract.

B. The Plaintiff and the Defendants agreed to jointly establish and operate a hospital by setting the trade name “F” and agreed on November 15, 2010 that “the operating period of the hospital shall be extended by January 15, 2012.” Since no further agreement on the joint operation of the hospital was reached, the relationship between the Plaintiff and the Defendants aggravated, such as filing a civil lawsuit and criminal complaint, without any further agreement on the joint operation of the hospital.

[Reasons for Recognition] There is no dispute;

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