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(영문) 부산지방법원 2018.08.30 2016가합4450
추심금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant and C’s partnership and dispute 1) The Defendant and C operate a dental clinic on October 2015 at the same time, and all transactions necessary for business shall be in the name of the Defendant, and both investments, expenses and profits shall be divided equally, and net profits shall be settled monthly, and even when the contract is terminated upon the expiration of the contract period or upon mutual agreement, the remaining assets shall be liquidated at the same rate (hereinafter “instant partnership agreement”).

2) After completing business registration under the name of the Defendant on January 4, 2016, the Defendant and C filed an Eental clinic (hereinafter “instant dental clinic”) in Busan Northern-gu D (hereinafter “instant dental clinic”) with each of 75,000,000 won, each of which was KRW 150,000,000, pursuant to the instant trade agreement.

3) On May 2016, the instant dental clinic was operated in a way that the Defendant and C treat each of the instant dental clinicss, and managed the medical expenses for the day he provided medical treatment, and settled and distributes the profits accrued during the previous month on the fifth day of each month. On April 2016, conflicts arose between the Defendant and C, claiming “C embezzled part of the medical expenses with a separate account.” (B) On May 2016, the Defendant transferred the entirety of the instant dental clinic business between F and F with the consent of C, and F paid KRW 75,000,000 to each of the instant dental clinics and paid KRW 75,000,000, and all of the obligations of the instant dental clinics.

2) At around 13:00 on May 13, 2016, the Defendant was undergoing the procedure for transferring the instant dental clinic to F, but the negotiations with F was concluded by C while C was willing to oppose the transfer of the instant dental clinic and to avoid damage and to discontinue the business. 3) On May 13, 2016, the Defendant signed the “certificate of termination of the operation of the operation of the business” and issued it to C, and requested C to sign the said document, but C did not return the said document without refusal.

not more than B of the certificate of termination of the business.

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