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(영문) 광주고등법원 2015.05.13 2014나4162
제명결의무효확인 등
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On December 7, 2005, the Plaintiff (fire extinguishers medical specialist), Defendant B (A medical specialist in the internal area), and D (C) invested 300 million won in the land located in the net city as a hospital site and newly constructed the hospital as the site of the hospital. After that, Defendant C (A medical specialist in the heart) invested 300 million won and participated in the same business. 2) On October 2, 2006, the building was completed at the F of the hospital on the ground of the end of the hospital, and the hospital was opened in the name of “GG internal department” (hereinafter “instant hospital”). Defendant E (A medical specialist in the internal area) invested 300 million won in the hospital site of the hospital around April 3, 2007.

3) On September 30, 2007, the Plaintiff and the Defendants enter into a partnership agreement on the operation of the instant hospital (Evidence 1; hereinafter “instant partnership agreement”).

this section. The principal of this section has been

Details are as follows:

4. The ratio of investment in capital: 20 percent, respectively.

5. Representative: The plaintiff.

6. The allotment of profits, loss, taxes, public imposts, and all other expenses concerning the business shall be apportioned according to the ratio of the amount of investment;

7. The representative shall manage the business as a good manager, manage the property, and faithfully perform his duties as a partner.

8. The management of business affairs shall be determined by an agreement among partners, and shall be executed by such agreement;

9. Each partner may, at any time, investigate the matters concerning overall business, such as matters concerning accounting, and matters concerning business and transactions;

10. In case where one of the business partners inflicts business losses by violating his duties as a partner, he shall compensate for the losses.

11. The settlement of accounts shall be made at the ratio of the amount of investment when a contract for the same business is rescinded or terminated;

12. When a normal performance of duties is impossible due to a disease or accident, the first three months.

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