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(영문) 인천지방법원 부천지원 2017.01.11 2015가합102018
정산금등청구의소
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for 22,810,556 won and the period from August 1, 201 to January 11, 2017.

Reasons

1. Basic facts

A. 1) Defendant B’s mutual hospital (hereinafter “instant hospital”) from around 2003 to around 2003, the second floor of the building D in Bupyeong-gu, Seocheon-gu, Seoul and the second floor of the D.

(2) On July 26, 2010, the Defendants concluded a partnership agreement with Defendant C, which is a doctor with children, and operated the instant hospital together with the instant hospital. The Defendants concluded a partnership agreement with the Plaintiff and the instant hospital to expand the hospital into three floors of the D building and to operate the hospital together with the relocation of the hospital into three floors of the D building. They invested KRW 300,000,000 each, and Defendant B acquired 34% shares, and the Plaintiff and Defendant C acquired 33% shares, respectively.

(hereinafter “this case’s partnership agreement”). However, the Defendants additionally invested KRW 50,000,000 in consideration of the existing contributions, and the Plaintiff decided to contribute capital and the interior work cost, etc. due to the transfer of cash and hospital.

3) The profits shall be distributed at the end of each month according to the ratio of investment. Transactions, trade names, and other activities incidental to the business with third parties necessary to run the hospital business under Article 4 (Liability for Loss) shall be jointly represented by the Plaintiff and the Defendants, and the Defendants shall bear their rights and obligations. Article 5 (Liability for Loss) If the Plaintiff and the Defendants have incurred losses due to the operation of the hospital business, they shall bear losses according to the ratio of investment. Where the contract under Article 9 (Termination and Termination of the Contract) is terminated or terminated, they shall promptly return the amount of investment in cash. The amount of investment shall be promptly returned in cash. Article 12 (Duties of the Work Coordination Hospital shall be equal to three parties in principle, and if additional leave or leave other than the situation is needed, the amount of investment shall be divided according to the proportion of the treatment foot under mutual agreement.

The provisions of the Agreement on the Trade of this case relating to this case are as follows.

B. The Plaintiff’s fulfillment of the Plaintiff’s investment obligation is 50,000 investment on July 26, 2010.

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