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(영문) 서울고등법원 2016.04.20 2015나2051355
정산금 청구의 건
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The plaintiff and the defendant are all medical doctors with the qualifications of a child and a medical specialist.

On November 15, 2012, the Plaintiff entered into an agreement with the Defendant to jointly operate the Eunpyeong-gu Seoul Metropolitan Government D ground buildings (hereinafter “instant condominium buildings”) and the skin management room (hereinafter “instant hospital”) on the third floor of the instant condominium buildings (However, the agreement was entered into on January 23, 2013; hereinafter “instant club business agreement”), and invested approximately KRW 200,000,000 to KRW 230,000 to KRW 230,000 as capital for the club business, respectively (hereinafter “instant investment”). The main contents of the said agreement are as follows.

Article 1 [Purpose] A (hereinafter referred to as "A") and B (hereinafter referred to as "B") of the Dong Business Agreement shall enter into a contract for the following provisions in the joint management of the instant hospital under mutual agreement:

Article 3 (Opening Time) Joint Council Members shall begin on March 1, 2013, and the date of entry into force of the contract shall be November 15, 2012.

Article 4 (Period of Contract) The term of contract shall be terminated, and a person who intends to terminate the contract shall notify the other party in writing (proof of contents) three months prior to the date on which the contract is to be terminated.

Article 5 [Sharing of Duties] During the contract period, "A" shall take charge of the representative director, the finance, taxation, general administration, etc., and "B" shall take charge of personnel affairs, labor, etc.

The duties shall be adjusted by mutual agreement every December of each year, and shall be in charge of January.

Article 6 (Capital Contribution) "A" and "B" shall respectively invest 1/2 of the total capital in cash.

Article 7 (Distribution of Profits) The total distribution of earnings shall be equally allocated to "A" and "B" in one-half equal installments.

Article 8 [Working Hours and Number of Leave Days] The number of working days per week shall be from 9 A.M. to 6 P.M., and night treatment shall be conducted by no later than 9 P.M. per week.

Saturdays shall have worked not later than 1 p.m., and one person shall work not later than 4 p.m.

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