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(영문) 광주지방법원 2017.11.02 2016가합59954
약정금
Text

1. The Defendants each amounting to KRW 182,50,000 to the Plaintiff, respectively, and KRW 8% per annum from December 12, 2014 to November 2, 2017.

Reasons

1. Basic facts

A. (1) The Plaintiff, E, and F jointly operated the “H Hospital” located in Gwangju Northern-gu G from December 3, 2005, and the Plaintiff, E, and F established I on March 18, 2010.

(2) On March 29, 2010, Co., Ltd. I purchased the Dong-gu Seoul Special Metropolitan City J land and newly constructed a building of the first and tenth floor above the ground level on that ground, and completed registration of initial ownership on May 19, 201.

B. On March 28, 2011, the Plaintiff leased the first floor, the fourth floor, and the tenth or tenth floor (hereinafter “instant hospital building”) from the said building, and registered its business with the trade name of “I Hospital” (hereinafter “instant hospital”), and operated the instant hospital.

The assets of the hospital under Article 4 of the Articles of Incorporation (Evidence 1) of the instant hospital include building rental deposit, interior cost, medical equipment and materials, etc.

All partners shall invest equally and jointly.

In addition, the obligations of the hospital shall be apportioned equally from the beginning of this arrangement.

(The shares of each individual person shall be one-third). All partners in Section 7 shall have equal rights and obligations with respect to the operation, management and duties of the hospital.

Article 10 The calculation of the amount of investment in a hospital shall be as follows:

- Lease deposit with I Co., Ltd. - Medical equipment and all kinds of facilities costs taken over from the time of the sale of hospital - Current assets including outstanding amounts - Cash applications filed by shareholders of Article 11 of the goodwill on the basis of 500,000,000 won and the weight of each owner is maintained.

Provided, That with respect to the initial investments of the hospital other than KRW 500,000,000, it shall refer to the data attached to the agreement of the business, and the amount of 2/3 of the investments shall be paid first at the time of attracting investors, and the remainder of the investments shall be divided by one-n.

In addition, when the lease of the primary medical equipment is terminated, the amount equivalent to the monthly rent shall be paid every month.

However, the interest rate shall be calculated at 8% per annum until repayment is completed, and the first.

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