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(영문) 서울동부지방법원 2014.12.24 2013가합6696
정산금 등
Text

1. The Defendant’s KRW 45,955,487 with respect to the Plaintiff and KRW 5% per annum from November 1, 2011 to December 24, 2014.

Reasons

Basic Facts

On July 6, 2010, the Plaintiff, the Defendant, invested “Plaintiff 30 million won, Defendant 1.2 billion won, C.3 billion won, and D.20 million won” with Nonparty C and D, and entered into a partnership agreement with the mutual hospital called Evalescent (hereinafter “instant hospital”) for management (registration in the name of the Plaintiff) jointly (registration in the name of the Plaintiff) and to divide profits and losses incurred therefrom in proportion to their respective shares (hereinafter “instant first partnership agreement”).

2.(Investment Obligations and Profit-Sharing) Total amount of capital shall be KRW 2 billion, including lease deposit, interior and all equipment costs, initial operating expenses, etc., and the defendant shall invest KRW 1.7 billion (shares 84%) and the plaintiff shall contribute KRW 300 million (shares 1.6%) and distribute profits in proportion to its ratio.

3.(Duties of hospital management) The defendant, as the representative of the hospital and the duties of a good manager, shall take charge of all internal and external affairs of the hospital, such as revenue expenditure management, human resource management, transactions with third parties, and all other acts incidental to business, and shall manage the property.

(Benefits) The benefits of the Plaintiff and the Defendant shall be KRW 13 million per month on the basis of the actual amount received, and the benefits of the Plaintiff and the Defendant shall be adjusted upward to KRW 15 million per month, after setting aside the reserve fund, as specified in Article 4 (Reserve Fund) below, following the occurrence of future profits.

Provided, That in the event of night and holiday duty, a separate allowance on duty shall be paid.

4. (Distribution of Profits and Loss Sharing) The Defendant shall deliver to the Plaintiff the settlement of accounts concerning the revenues and expenditures of the preceding month by the tenth day of the following month, and distribute profits excluding all expenses from the revenues to the Plaintiff and the Defendant in accordance with their respective shares.

Provided, That where a loss is incurred, it shall be shared at the same rate.

8. (Termination of Contract) The first sentence: The plaintiff or one of the defendant has breached his/her obligations under this Agreement, or his/her own agreement by deceiving the other party.

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