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(영문) 서울중앙지방법원 2015.10.07 2013가합564090
지분환급
Text

1. The Defendants jointly share KRW 549,275,00 with respect to the Plaintiff and the period from December 14, 2013 to October 7, 2015.

Reasons

1. Basic facts

A. On December 1, 2010, the Plaintiff, the Defendants, G, and H established a leased corporation and entered into a partnership agreement with the effect that they will operate the hospital jointly (hereinafter “instant partnership agreement”). The key contents are as follows.

The Plaintiff, Defendants, G&H’s partner of the instant partnership agreement entered into a partnership agreement as follows.

The shareholders of the leased corporation refer to the shareholders of the leased corporation as its partners and refers to the president who have shares in the hospital.

Article 1 (Business Entity) The Plaintiff, the Defendants, and G&H jointly establish and operate a rental business corporation (J) which owns shares, and have the leased business entity jointly establish and operate a hospital in the business entity.

Article 2 (Capital) The sum of the capital of the leased corporation and the hospital shall be 57.5 billion won.

Defendant B and C shall invest 1.5 billion won, Defendant D shall invest 5.5 billion won, Defendant E, and Plaintiff, respectively, 6.5 billion won, and G&H shall invest KRW 1.3 billion, and Defendant F shall invest KRW 300 million.

Additional expenses shall be loaned at the joint expense.

Article 3 (Capital of Rental Corporation and Hospital), Partners B and C, each of whom is 20%, Defendant D shall have 9.6%, Defendant E, and Plaintiff shall have 11.3% shares, each of which shall have 22.6% shares, G&H shall have 22.6% shares, and Defendant F shall have 5.2% shares.

(1) POEN ACT. - During five years of the beginning of the business, shares will be transferred only to the existing partner.

Article 5 (Operation of Hospitals) The operation of a hospital shall be jointly operated by the presidents who have the shares of the hospital.

- The hospital partnership business shall be operated for a period of five years after the opening of one lane.

- begin with the second hospital from five years after the opening of the hospital;

A decision shall be made by the president of the hospital from one year before the end of the first operation of the hospital and not later than four months prior to the end of the operation of the hospital. If the president is challenged by any other president, he shall be the United Nations if the president, other than the president, desires to be bound to be bound to be closed at full time.

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