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(영문) 부산지방법원동부지원 2013.12.13 2012가합100356
약정금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The status of the original Defendant and the Defendant’s wife are both dentists.

B. (1) On August 2004, including the conclusion of a partnership agreement, the original Defendant jointly invested several dental services and operated them in the form of medical treatment, and entered into a partnership agreement with each other (hereinafter “instant partnership agreement”), which stipulates that profits shall be equally divided in principle, and jointly run both E values in Ulsan-gun, Ulsan-gun and J values in the name of the Plaintiff and J values in the name of the Defendant.

(2) On November 2004, the original Defendant sought to open the Lane department located in K in Yangsan-si, and opened the O department located in N in M in the name of M on March 2008.

(3) On January 19, 2009, the original Defendant changed the name of the business entity in E in the name of E in the Plaintiff from A to B.

(4) On February 26, 2009, the original Defendant changed the name of the business owner of the Ochi division to P from M on May 20, 2010, respectively.

(5) On May 2010, the original Defendant: (a) discontinued the JJ division; (b) around September 201, the Defendant proposed that “The sales of the said two dental units should resume the J division adjacent to the said two dental units, and (c) the sales of which are low, would be closed.” (d) around September 22, 201, the original Defendant changed the name of the JJ division into Qa and the Defendant’s wife’s H name, which was the Defendant’s wife.

C. On November 1, 2004, the original Defendant purchased F. F. 1,983 square meters, R. 1,983 square meters, and S. 2,129 square meters in the name of the Defendant around November 1, 2004.

(2) On September 9, 201, the Defendant sold SP 2,129 square meters. D.

(1) On November 201, 201, the Defendant proposed to dissolve the instant club business to the Plaintiffs, and the Defendant agreed to pay each import compensation to the persons in charge of E and O division, whose sales are less than the lowest.

(2) Plaintiff A selected Qu division, and thereafter, Plaintiff B selected the O division, the Defendant left the E division.

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