(영문) 대전지방법원천안지원 2017.04.07 2016가합101757

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(영문) 대전지방법원천안지원 2017.04.07 2016가합101757

기타(금전)

Text

1. The Defendant’s KRW 280,000,000 for the Plaintiff and the following: 5% per annum from January 21, 2013 to January 25, 2017;

Reasons

1. Basic facts

A. From June 4, 2010, the Plaintiff entered into a partnership agreement with the Defendant on October 5, 2010, with the content that the Plaintiff would jointly run two hospitals by opening the “Ecosium” in the city of Asan, in addition to the above Dental clinic, while working for the “Dental clinic” located in Seoan-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, the Defendant operated.

(hereinafter referred to as the “instant partnership agreement”). The main contents of the instant partnership agreement are as follows.

Article 1 (Investment Obligations) The defendant shall invest the existing contributions in capital, and the plaintiff shall take the right to 60% of the defendant and the plaintiff 40% of the shares.

III.(Distribution of Profits)The profits, excluding total expenditures, after the settlement of accounts at the end of each month, shall be distributed in accordance with the investment ratio.

Article 5 (Liability for Loss) When the defendant and the plaintiff have suffered loss due to the operation of the hospital, they shall bear the loss according to the ratio of investment.

Article 7 (Term of Contract) This Agreement shall continue to exist for two years, except in exceptional circumstances, and the contract shall be extended for the same period unless the other party raises an objection thereto.

Article 9 (Restoration due to Cancellation and Termination of Contracts) Where a contract is terminated or terminated, the amount of investment shall be promptly returned in cash.

Article 10 (Compensation for Damages) Where the contract is terminated or terminated due to a cause attributable to either of the parties, the defendant and the plaintiff shall compensate the other party for the damages.

B. The Plaintiff paid KRW 300,000,000 to the Defendant during the period from September 15, 2010 to October 9, 2010 in accordance with the instant trade agreement, and the Plaintiff and the Defendant, around the 19th day of the same month, changed E in the name of the Plaintiff to Asia-si.

C. The Plaintiff and the Defendant closed a dental clinic around December 2010, but filed a new dental clinic under the Plaintiff’s name on June 7, 201, and around that time, the Plaintiff and the Defendant operated the dental clinic under the name of the Defendant.

The lease contract term of the dental clinic was expired on March 31, 2012.

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