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(영문) 서울동부지방법원 2017.05.11 2016가단108282
부당이득금
Text

1. The Defendant stated KRW 158,000,000 on the Plaintiff and each of the “financial payment details” in the attached Form.

Reasons

1. Basic facts

A. C operated the E Hospital located in Yeongdeungpo-gu Seoul Metropolitan Government from October 5, 2007 to December 31, 2011.

C requested the transfer of the hospital to F who operates the consulting company for the establishment of the hospital at the end of 2011.

B. Around February 2012, F proposed that the above hospital be operated in partnership with the Plaintiff, etc. to the Defendant, who is a doctor, and obtained the Defendant’s consent.

Accordingly, F’s recommendation entered into a joint investment/operation agreement (hereinafter “instant agreement”) with the content that the Plaintiff’s agent G (the husband of the Plaintiff), the Defendant’s agent H (the Defendant’s wife), I (C) and J jointly operate the said hospital as follows on March 23, 2012.

1. In organizing and operating the instant hospital as a convalescent hospital, a hospital establishment operating committee shall be constituted, and a written agreement shall be prepared in common agreement in the scope and operation of the hospital.

3. The composition of investors and the ratio of shares held by shareholders;

1. C (designated persons) 400,000,000 40% representative directors (management directors);

2. J (designated persons) 300,000,000 non-standing 30% (business assistance);

3. 200,000,000 non-standing:

4. 100,000,000 10% of the total amount of 1,000,000 1,000,000 : New Bank K (Deposit Shares: C) C(I) of the new Bank is recognized as being replaced by an investment in facilities and equipment of the above hospital.

7.(1) The representative director shall settle the profits at the starting point of each month after the operation of a hospital and report the profits to the operating committee, and shall determine the distribution of the profits by the operating committee.(2) In this case, the profits excluding the expenses shall, in principle, be distributed in proportion to the investment ratio;

3) Ten percent of the revenue amount shall be reserved in consideration of the tax adjustment, crisis, etc., and separate management/report. The Defendant was hospitalized in a hospital due to the inconvenience of operating around the time of the instant agreement, and a large amount of debt (including approximately 2.6 billion won, which was in a bad credit position).

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