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(영문) 서울중앙지방법원 2017.09.15 2016가합517590
손해배상(기)
Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.

2...

Reasons

1. Basic facts

A. From November 2012, the Plaintiff, as a medical specialist in sexual surgery, operated G-type surgery units on the 15th floor of the Seoul F building in Gangnam-gu, Seoul, and the Defendants, as a medical specialist in sexual intercourse, operated D-type surgery units from September 2013 to the 15th floor of H building, from September 2013 to the 16th unit of H building.

B. On March 5, 2014, the Plaintiff paid 500,000,000 won to the Defendants as a partner, and thereafter thereafter, from the 15,16th and 16th of the H building, the Plaintiff began to operate the D B B B B B’s Einology (the name of the Defendants C), DB’ Einology (the Plaintiff, and Defendant B’s joint name) with the Defendants as the same business. On June 16, 2014, the Plaintiff extended the size of the Plaintiff by leasing the 17th floor of H building to expand the size of the Plaintiff.

C. Upon the operation of each of the above members, the Plaintiff and the Defendants concluded a joint business agreement with the Plaintiff and the Defendants to jointly open and operate the D non-humane Medical Center as a hospital (hereinafter “instant business agreement”). On November 12, 2014, the Plaintiff and the Defendants concluded a joint business agreement with the Plaintiff to jointly open and operate the D Hospital.

The Plaintiff and the Defendants opened a hospital in accordance with the instant business agreement and jointly operated the hospital (hereinafter referred to as the “instant partnership business”), and the members of the DNA branch closed down.

The main contents of the instant agreement are as follows.

Article 2 (Joint Governing Council Members) The management and operation of the D Hospital shall be a joint operation by agreement between three persons.

Article 3 (Capital of Joint Members) The capital of the Joint Members shall be invested jointly by three persons and shall have one-third of the same shares.

In addition, even if the increase of capital is additionally required after the joint members, the burden and the shares are jointly owned by three persons.

Article 5 [Sharing of Profits and Bearing of Operating Expenses] Distribution of all profits and sharing of operating expenses incurred after the joint members shall be distributed or borne equally by three persons.

Article 6 (Period of Joint Operation) Three Persons shall be two years from November 13, 2014 to November 12, 2016.

When the joint management expires, it shall be six months of the expiration date of the joint management, if it is intended to terminate the partnership business.

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