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(영문) 서울서부지방법원 2015.02.13 2014가합2327
투자금반환
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Presumed factual basis

A. The plaintiff and the defendant are doctors, and C are punished by the plaintiff.

B. The Yeongdeungpo-gu Seoul Metropolitan Government D E Hospital (hereinafter “instant hospital”) was established on December 20, 200, and the founder of the instant hospital was changed to the Plaintiff on October 5, 2007.

On January 3, 2012, the Plaintiff reported the suspension of business of the instant hospital, and on March 6, 2012, the founder of the instant hospital changed the Defendant and operated the said hospital from the said point to the date of closing the pleadings of the instant case.

[Reasons for Recognition] Uncontentious Facts, Entry of Evidence A No. 1-2, the purport of the whole pleadings

2. Judgment as to the main claim

A. On March 2012, the purport of the plaintiff's assertion 1) concerning the plaintiff et al. and two other hospitals, the plaintiff and the defendant jointly manage the hospital in this case by remodelling the hospital in this case as a convalescent hospital. The plaintiff evaluated all of the facilities and equipment of the hospital in this case as 400,000,000 won and invested in the hospital in the above hospital. The plaintiff's interest in the above hospital is set at 40%. The above hospital's operation is exclusively operated by the defendant. The above hospital's operation is settled in exclusive charge by the defendant, and the remainder of the hospital is distributed according to the investment ratio. However, the defendant did not distribute all profits related to the hospital in this case to the plaintiff from the time of the above association agreement in violation of the above association agreement. Since the plaintiff cancelled the above association agreement by delivering a copy of the complaint in this case on the ground of the defendant's default, the defendant is obligated to return the plaintiff's above investment deposit to the plaintiff and the plaintiff's non-party to the above contract in this case.

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