1.(a)

The plaintiff's lawsuit against the defendant B Hospital shall be dismissed.

B. The plaintiff (Counterclaim defendant) is the defendant (Counterclaim plaintiff).

Facts of recognition

On April 1, 2010, the Plaintiff, Defendant D, and E jointly operated the hospital under the name of the “B Hospital” and concluded a partnership agreement with the content that the Plaintiff, Defendant D, and Defendant E bear the burden of income distribution and expenses at each ratio of 3.3%, and Defendant E bears the burden of income distribution and expenses, and Defendant E as the representative of the above hospital.

Accordingly, the plaintiff, defendant D, and E had operated the defendant B Hospital in the Pacific City F. On January 31, 2012, the plaintiff, defendant D, and E changed the ratio of profit sharing and cost sharing to the defendant E-3% and changed the defendant D to the representative of the defendant B Hospital.

On February 6, 2012, the Plaintiff, Defendant D, and E added Defendant C to the partner of Defendant B Hospital and newly entered into a partnership agreement with Defendant C to allocate profits and bear expenses at each ratio of Plaintiff B’s 26.5%, Defendant D27%, Defendant E26.5%, and Defendant C20% (hereinafter “instant partnership agreement”).

On September 6, 2012, the Plaintiff entered into an agreement to terminate the business with Defendant C, D, and E to withdraw from the position of joint operators of Defendant B Hospital.

【Fact-finding without any dispute, Gap evidence Nos. 1 and 6, and the purport of the entire argument of the plaintiff's lawsuit against the defendant B Hospital is legitimate. According to the evidence of the above determination, the defendant B Hospital was established and operated by the plaintiff, defendant D, and E, and continued to be operated after the defendant C's accession, and the plaintiff was operated as a Dong enterprise even after the withdrawal from the defendant B Hospital on September 6, 2012, and the plaintiff and the defendants, a member of the defendant B Hospital, agreed to share internal profits and expenses. In full view of the above facts, the defendant B Hospital has the substance of the association under the Civil Act, and thus has no capacity to be a party in the lawsuit.

As such, the plaintiff's lawsuit against the defendant B Hospital is unlawful.

The plaintiff's defendant C, D, and E