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대전지방법원 2020.04.16 2017가합105597
위약금 청구등
Text

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

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

Reasons

1. Basic facts

A. The Plaintiff and Defendant B are the intention to impose tax, and Defendant C is employed by the “D” (hereinafter “instant hospital”) located in the real estate indicated in the separate sheet from December 2, 2016, and performed the duty of managing the tax accounting personnel.

B. From January 2016, the Plaintiff served as a medical doctor at the instant hospital from January 2016.

On May 20, 2016, the Plaintiff prepared and certified the “joint management (operating) agreement (hereinafter “instant partnership agreement”) between Defendant B and Defendant B.

The main contents are as follows:

Article 2(1) of the Joint Management Contract (hereinafter referred to as the "Joint Management Contract") (hereinafter referred to as the "Joint Management Contract") is the Seo-gu E Buildings and D with the fourth floor.

(3) No partner shall allow a member to be employed as his relative nor participate in any supplementary business related to the operation of the member unless the other member gives his consent.

(4) Each partner shall manage the accounts of a member transparently and shall not use the member's property for the purpose of private interest, such as providing security.

Article 14 (Termination of Contract) (1) In any of the following cases, the contract may be rescinded or terminated by giving written notice to the other party regardless of the duration of the contract:

8. Where a person works as a relative of a partner without the consent of the other party or participates in any incidental business related to the operation of a member; 13. Where a serious moral, social or economic loss has occurred due to embezzlement, breach of trust, etc. with respect to a principal member; 15. Where any other serious cause difficult to maintain this contract arises.

Article 15 (Obligation of Person Causing Disqualifications for Termination of Contract) (1) Any cause attributable to him/her shall order the personal belongings and remove the personal belongings within seven days.

(2) Any cause attributable to a person who violates the duties prescribed in the same Article shall be the other partner as a penalty twice the amount of equity calculated according to the appraised value of termination of the contract.

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