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(영문) 서울고등법원 2014.11.21 2013나70363
지분계산청구
Text

1. The part of the judgment of the court of first instance against the plaintiff (Counterclaim defendant) regarding the counterclaim shall be revoked, and that part shall be applicable.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff, Defendant D, and Defendant E jointly operated the “B Hospital” on April 1, 2010. The Plaintiff, Defendant D, and Defendant E concluded a partnership agreement with the content that: (a) each of the Plaintiff and Defendant D shall be 3.3%; and (b) Defendant E shall be liable for profit distribution and expenses at the ratio of 3.4%; and (c) Defendant E shall be the representative of Defendant E’s hospital; (b) the Plaintiff, Defendant D, and Defendant E shall operate the B Hospital from Pakistan-si F; (c) on January 31, 2012, the Plaintiff, Defendant D, and Defendant E changed the ratio of profit distribution and expenses to Defendant E-3%; and (d) concluded a partnership agreement with the content that changing Defendant D into the representative of the hospital.

3) On February 6, 2012, the Plaintiff, Defendant D, and Defendant E added Defendant C and Defendant C as partners of the hospital, and newly entered into a partnership agreement with Plaintiff 26.5%, Defendant D27%, Defendant E26.5%, and Defendant C20% to share profits and expenses (hereinafter “instant partnership agreement”), and the partnership relationship formed between the Plaintiff and the Defendants is “instant partnership”.

B. (B) On September 6, 2012, the Plaintiff agreed with the Defendants and the Plaintiff to withdraw from the instant association. [Grounds for recognition] The Plaintiff did not dispute, and the evidence A Nos. 1 through 6 (including branch numbers; hereinafter the same applies)

statement, the purport of the whole pleading

2. Determination as to the principal lawsuit

A. 1) The Plaintiff asserted that the share calculation claim was withdrawn from the instant partnership on September 6, 2012, and the Plaintiff, a member of the instant partnership and the Defendants, a member of the instant partnership, are obligated to return to the Plaintiff the amount equivalent to the Plaintiff’s share ratio out of the partnership’s property at the time of withdrawal. 2) As seen in the facts based on the determination, the Plaintiff entered into the instant partnership agreement with the Defendants and went out of the instant partnership on September 6, 2012. As such, the Defendants were the Plaintiff’s share among the instant partnership’s property as of September 6, 2012.

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