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(영문) 서울중앙지방법원 2018.09.07 2016가합569034
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a dentist who, by September 2015, established and operated a dental clinic under the trade name of “D Hospital” with his/her relative and non-medical person C as his/her relative and as a non-medical person, until around September 2015.

The Defendant is a dentist who has established and operated a dental clinic in the name of “Ewon” from June 1, 2014.

B. 1) On September 8, 2015, the Plaintiff, Defendant, and C concluded a partnership agreement with each other to establish and operate dental clinics for the purpose of dental treatment and medical services on the basis of 33.3% of their respective shares. The personnel and administrative director, the head of accounting office, the head of the management office, C, C, the head of the clinical Institute, the head of the education office, the Plaintiff and the Defendant, and the head of the public relations and marketing office, respectively. The main contents of the instant partnership agreement related to the instant case are as follows.

1. In principle, each partner shall invest capital in cash and assets in proportion to the equity ratio of acquisition;

Provided, That if necessary, capital investment may be borrowed, and financial expenses for borrowed money shall be borne individually.

Article 5 (Matters concerning Facilities)

1. Purchase and lease (including the form of lease) of equipment, installation, etc. necessary for the operation of business at each place of business shall be made in the name of a person who has registered his/her business;

2. All the joint presidents of the joint presidents shall be jointly and severally liable for external obligations related to the purchase or placement of equipment and facilities;

Article 6 (Distribution of Profits)

1. In principle, each partner shall bear net losses in proportion to his/her share;

2. Matters concerning the benefits of partners shall be governed by the same business entity’s financial regulations.

Article 9 (Management and Operation)

1. The president and the branch of the association;

(a) The chief decision-making agency shall have a president;

(b) The meeting of the president shall be comprised of all partners.

Article 13 (Withdrawals)

1. Items falling under “non-voluntary withdrawal” in paragraph 2 of this Article and withdrawals, excluding dissolution, upon termination of this Agreement, are recognized as voluntary withdrawals.

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