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(영문) 서울동부지방법원 2015.11.17 2014가합105392
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts can be acknowledged in full view of the descriptions of Gap evidence Nos. 1-1 through 8, Gap evidence Nos. 2, 3, and 4 and the purport of the whole pleadings.

Around February 2012, the Defendant, as a doctor, was aware of F, which was the operator of the E Hospital located in Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “instant hospital”). On March 23, 2012, the Defendant, as the operator of the instant hospital (hereinafter “instant hospital”), concluded a joint investment/operation agreement (hereinafter “instant agreement”) with F, the Plaintiff, and H, with the following content: (a) signed a contract on the joint investment and operation of the instant hospital (hereinafter “instant agreement”).

Joint Investment/Operation Agreement

1.In organizing and operating E Hospital (Seoul Metropolitan City D) as a convalescent hospital as of the outline, the hospital 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 current E hospital of the said location subject to joint investment so as to maximize profits by functions of convalescent hospitals (120 sickbeds), comprehensive examination centers, outpatients, etc.;

3. 1) The organization of investors and the shareholding ratio of shareholders 1) F (the president or the designated person) 400,000,000 won 40% representative (management director 2) H (the designated person) 300,000,000 won 30% non-standing (business assistance) 3) the Plaintiff (the designated person) 200,000,000 won 20% non-standing 4) the Defendant (the designated person) 100,000,000 won 1,000,000 won 1,000,000% : New Bank I (F) investors can enter into an agreement under this Convention as the principal or its designated person.

The share of F(G) 40% is recognized as being invested by the facility and equipment investment of the current E Hospital.

5. The hospital operating committee shall be organized, together with the composition and authority of the operating committee and the payment of investments by responsible investors, and shall have powers and responsibilities equal to their respective shares;

1 The composition of the Operating Committee.

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