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(영문) 청주지방법원 2020.01.17 2017가합204114
지분금 청구의 소
Text

The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff as the parties and Defendant B are doctors holding a doctor’s license under the Medical Service Act, and Defendant C is a person whose doctor’s license was revoked as of March 1, 2017 due to a violation of the Medical Service Act.

B. The Plaintiff and the Defendants’ conclusion of the instant partnership agreement 1) The Defendants are the E Hospital located in Seo-gu, Seo-gu, Seo-gu (hereinafter “instant hospital”).

(2) On November 27, 2013, the Plaintiff and the Defendants jointly operated the instant hospital (hereinafter referred to as the “instant partnership agreement”) with a view to operating the hospital together, drafted the following partnership agreement (hereinafter referred to as “instant partnership agreement”).

Article 1(1) [The respective shares and scope of investment] A newly participating in the business shall acquire 1/300 of the hospital shares by offering cash of KRW 700 million to C and B equally. 2) double KRW 400 million shall be offered until December 1, 2013, and the remaining KRW 300 million shall be offered until December 1, 2014, and the right of shares shall be automatically lost in the event of default.

Article 2(1)(3)(3)(2)(3)(3)(2)(3)(2)(3)(2)(2)(3)(2)(3)(2)(3)(2)(3)(3)(2)(3)(3)(3)(2)(3)(2)(3)(2)(3)(3)(2)(3)(3)(3)(3)(3)(3)(3)(3)(3)(3)(3)(3)(4

Article 3 (Responsibilities and Obligations of Third Parties) In order to ensure the smooth maintenance of the business, the third parties shall respect all their rights and observe them in good faith, and all days shall take precedence over the development of each individual hospital.

To this end, the following obligations must be faithfully fulfilled:

1) All operations of the hospital shall be transparent. 2) If there is a resolution beyond a majority of the hospital in any event, it shall be complied with.

3 In terms of interest in the hospital.

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