(영문) 서울중앙지방법원 2019.02.15 2018나52725

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2019.02.15 2018나52725

계약급미지급대금

Text

1. The plaintiff's appeal and the claims extended by this court are all dismissed.

2. The costs of the lawsuit after the appeal are filed.

Reasons

1. Facts of recognition;

A. On April 16, 2007, the Defendant concluded a contract for transfer and takeover of business with the content that the Defendant would pay 21% of monthly earnings to the Plaintiff instead of receiving the instant dental license from the Plaintiff (hereinafter “instant contract for transfer and takeover”) with the Plaintiff at KRW 750,00,000,00 of the Dental clinic located in the 10th floor of Seoul Gangnam-gu Seoul Building (hereinafter “instant dental clinic”). The main contents are as follows.

◎ 양도인 : 원고 ◎ 양수인 : 피고 ◎ 물건 : 서울 강남구 C빌딩 10층 D치과

1. The plaintiff transfers goods to the defendant as of April 16, 2007.

3. The amount of transfer or acquisition of the goods shall be one million won.

4. The defendant shall pay to the plaintiff KRW 00,000,000 to the plaintiff by April 14, 2007.

Profit-Sharing - Of pure profit 100% excluding hospital operating expenses, 45% shall be determined as the medical personnel expenses including paint and operated by the defendant.

35% of the plaintiff 6: It shall be apportioned to the ratio of defendant 4.

20% shall be set for public relations expenses and paid to persons designated by the plaintiff.

5. On April 14, 2010, the Defendant may additionally pay to the Plaintiff KRW 00,000,000,000 to the Plaintiff.

The defendant shall operate by fixing 45% of pure profit 100% of the net profit, excluding hospital operation expenses, as the cost of labor, including paint, as the cost of labor.

35% shall be distributed to Plaintiffs 1/3: Defendant 2/3.

20% shall be paid to a person designated by the plaintiff by fixing expenses for hospital publicity.

6. On or after April 14, 2010, when the Defendant transfers an article to another person or transfers the right, the remainder after obtaining the Plaintiff’s consent shall be paid to the Plaintiff KRW 0 million.

7. The accounts shall be settled on the 25th day of each month and distributed at the last day of each month.

8. Taxes shall be settled by accumulating the amount of insurance received, and when the amount of tax paid arises, the plaintiff, the defendant, and the public relations team shall be respectively.

유사 판례

-서울중앙지방법원 2015.09.16 2013가단293575

-광주지방법원순천지원 2016.10.06 2014가합13861

-광주고등법원 2017.06.16 2016나15357

-대전지방법원 2014.10.29 2013가합8070

-대구지방법원 2021.04.01 2019가합212512