beta
Text
1. The plaintiff's primary and conjunctive claims are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The following facts may be found either in dispute between the parties or in full view of the purport of Gap evidence Nos. 1, 3, 5, 7, 8, 10, 11, and Eul evidence Nos. 1 to 3-2 and the whole arguments:
(2) On August 4, 2009, the Plaintiff and E entered into a partnership agreement with the Plaintiff to jointly establish and jointly operate the hospital in the name of the Plaintiff (hereinafter referred to as the “H hospital”) on the following grounds: (a) the Plaintiff is a psychiatrist of mental health department; (b) the Plaintiff and E, as the head of the office of the hospital, was operating the hospital in the manner of employing the doctor or working together with the doctor; (c) the Plaintiff and E, as the head of the office of the hospital, made joint investments in G hospital located in the F of the Seoul Central-gu Seoul Central District Office (hereinafter referred to as the “G hospital”); and (d) concluded a partnership agreement with the purport of newly establishing and operating the hospital in the name of the Plaintiff (hereinafter referred to as the “H hospital”) on October 6 of the same year.
3) Of the instant partnership agreement, the main contents relating to the instant case are as follows: G hospital A and B (H hospital A: Plaintiff, B: E
1. A shall correspond to a sales contract, and B shall correspond to a sales contract.
2. The allocation of Gap and Eul to Gap for net income after the limitation of personnel expenses and all other expenses is in principle 8:2 for A, and 5:5 for B and 65:35 for A and for B concurrently operated. The premium for Eul to Eul shall be KRW 400 million (rental deposit 100 million, facility cost 100 million, premium 200 million), and all rights, including the shares of Eul to Eul and facility investment expenses, shall be automatically waived.
3. The additional test and facility costs related to A shall be borne by A;
4. All the costs of Party B shall be borne by Party A and Party B 5:5, depreciation shall be calculated by 10% per year.
6. A hospital;