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(영문) 서울고등법원 2016.06.22 2015나2012848
투자금반환
Text

1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

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

By December 31, 2011, the Plaintiff operated the above hospital and reported the suspension of business on January 3, 2012. On March 6, 2012, the founder of the above hospital changed the Plaintiff to the Defendant and the Defendant operated the above hospital until now.

B. From the second half of 2011, the Plaintiff prepared the opening of G Hospital located in Songpa-gu Seoul in Seoul, and opened the above hospital around March 2012 and operated the above hospital until now since that time.

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

C while operating the instant hospital, the Plaintiff served as a director of the said hospital for about four years, and served as a vice president at the instant hospital which was remodeled from March 2012 to May 2012.

The main contents of the Joint Investment and Operation Agreement (No. 3, hereinafter “instant contract”) signed in relation to the operation of the instant hospital on March 23, 2012 are as follows.

1. As of the outline, in organizing and operating the instant hospital as a convalescent, the hospital’s establishment steering committee shall be constituted, and the agreement shall be prepared upon joint agreement in the scope and operation of the hospital.

2. To remodel the present hospital at the present location of the said location subject to joint investment so as to maximize profits by functions of convalescent hospitals (120 beds), comprehensive examination centers, outpatients, etc.

3. The composition of investors and the ratio of shares held by shareholders;

1. A representative director representing 400,000,000% (management director) who is the plaintiff (the head of the current hospital) or his/her designated director;

2. J (designated persons) 300,000,000 non-standing 30% (business assistance);

3. L (designated persons) 200,000,000 non-standing members.

4. 100,000,000 10% of the total amount of 1,000,000 1,000,000 : New Bank N (the Plaintiff: the Plaintiff) and investors are either the principal or the investor.

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