(영문) 서울중앙지방법원 2017.04.28 2016가합514287

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(영문) 서울중앙지방법원 2017.04.28 2016가합514287

부당이득금

Text

1. The Defendant’s KRW 65,00,000 and the Plaintiff’s annual rate of KRW 5% from May 3, 2008 to April 28, 2017.

Reasons

1. Basic facts

A. On April 2008, the Plaintiff and the Defendant entered into a partnership agreement on the operation of the store C (hereinafter “instant member”) (hereinafter “instant partnership agreement”) (hereinafter “instant member”). The main contents are as follows.

In order to ensure the stability and success of the members of the D (hereinafter referred to as the "members") through the business, all of the members of the Agreement shall enter into a contract as follows, with the top priority:

Article 1 (Name and Type of Hospital) The name of the hospital shall be referred to as "D" to engage in medical services through the Partnship system.

This House shall be operated through the “Director-General Meeting” consisting of the co-chairpersons.

Intellectual property rights, such as the name, trademark, etc. of the hospital shall belong to the shares of the partners, and shall be registered in the name of the company established under the joint name of the partners or separately by the decision of the president meeting.

Article 5 (Term of Contract) (1) In principle, a partnership shall begin on April 30, 2008 and continue until it officially dissatising.

(2) A re-contract shall be automatically concluded and maintained unless any change exists in the five-year period.

3. The contents of this contract may be modified through the president meeting with the consent of all partners.

Article 6 (Shares and Investments) (1) Each partner shall conduct an appraisal of assets, including all the equipment owned by existing D and security deposit, before the commencement date of the business, and shall make cash investments in the amount equivalent to each of the following shares:

A lease deposit shall be jointly owned according to the ratio of shares of the partners, but a lease contract may be concluded in the name of one partner or more members for convenience.

(4) The ratio of shares in Category C shall be as follows:

However, the equity ratio may be changed at the time of consent of at least 51 percent of the equity ratio of the partners in consideration of the additional investment or contribution ratio after the conclusion of this contract.

Plaintiff 50% 300,000,000 in the name ratio (%) amount invested, Defendant 50% 200.

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