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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. On October 18, 2012, the Defendant, who was employed by the Plaintiff, C, and dental hospital, as a dentist, entered into a joint investment partnership agreement for the establishment of dental department D (current E dental department). The main contents are as follows:
Article 4 (Contributions) The amount of money invested refers to the amount paid by a partner under an agreement with a basic fund for opening dental services, and the amount of money invested by a partner shall be KRW KRW 10 million per day by the defendant, KRW 10 million per day by the plaintiff, and KRW 30 million by C.
In principle, the amount of investment shall be paid in cash, except for the cost of purchasing equipment.
(Equipment means only X-ray equipment and diagnostic body equipment and shall be calculated as KRW 100 million). The distribution of profits under Article 5 (Apportionment of Profits) shall be made out of the total sales between the Plaintiff and the Defendant, excluding C’s profit ratio, and C, to 20% of the total sales between the month.
(Provided, That if it is inevitable to liquidate the closure or transfer of dental services due to serious issues in the management of section 8 (Liquidation and Dissolution), assets and liabilities shall be arranged and allocated to surplus or deficit in proportion to the partner's investment ratio.
B. After that, the Plaintiff paid KRW 150,000, and KRW 100,000 as investments, the Defendant did not perform its duty of investment, and the invested money deposited in one bank account (Account Number F) in the name of the Plaintiff and disbursed for the establishment of the above dental services. After that, the Plaintiff opened the National Bank account (Account Number G) in the name of the Plaintiff and used it in an expenditure relationship for the above dental services.
C. In 2012, the Plaintiff paid the Defendant the following money from the Han Bank Account:
(hereinafter “The amount to be paid”). The amount to be paid on October 5, 10.19. 50,000 on October 19, 19. 32,000 official brokerage fees for 10.25. 4,500,000 rental deposits for 15,000 rental deposits for 10. 25. 25,000 rental deposits for 10. 10,000 business funds for 10.