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(영문) 서울고등법원 (춘천) 2018.05.30 2017나1665
약정금
Text

1. All of the Plaintiff’s appeal against the Defendants and the appeal against the Plaintiff of the Defendant B medical and consumer cooperatives.

Reasons

1. The reasoning for this part of the judgment of the court is the same as that of the corresponding part of the judgment of the court of first instance, and thus, this part is cited by the main text of Article 420 of the Civil Procedure Act

2. Determination as to the cause of claim

A. Plaintiff’s assertion 1) The Defendants are obligated to pay 50% of the proceeds from the operation of the Center of this case to the Plaintiff in preference to the Plaintiff each month until the Plaintiff is compensated for the full amount of KRW 42.8 million under Article 9 of the contract of this case. Accordingly, the Defendants are jointly obligated to pay the Plaintiff the damages due to nonperformance or the damages due under Article 35 of the Civil Act, thereby paying the Plaintiff the amount payable 8,674,937, and the damages due to delay. (2) The Defendants violated the obligation to distribute the proceeds, the obligation to provide the details of revenue, revenue, and expenditure, the obligation to attract patients, and the duty of trust and good faith, respectively.

Therefore, the Defendants jointly have the duty to jointly pay to the Plaintiff KRW 50 million, including the estimated amount of damages for breach of the obligation to distribute profits under Article 14(1)4 of the instant contract and the estimated amount of damages under Article 14(2) of the instant contract, the total of KRW 100 million and the estimated amount of damages for breach of the obligation to distribute profits under Article 14(1)4 of the instant contract.

3) Defendant C, as the chief director of the Defendant Union, reversed the instant contract and prevented the Plaintiff from entering the instant center. Since the business obstruction against the Plaintiff constitutes a tort under Article 750 of the Civil Act, Defendant C is liable to compensate the Plaintiff for damages arising from a tort, and the Consumer Cooperatives Act (hereinafter “Consumer Cooperatives Act”).

In the case of an officer stipulated in Paragraph 2 of Article 35, who is intentionally or by gross negligence a full-time officer while performing his/her duties, he/she shall be deemed to have intention or negligence.

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