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(영문) 광주고등법원(전주) 2015.11.19 2014나3486
정산금
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. The fact of recognition [the same trade contract] Article 3 (Assets]

(a) Building;

(b) Humanate;

(c) Medical devices;

(d) Office fixtures;

(e) A medical device purchased under lease. Article 4 (Liabilities)

(a) Obligations secured for lease of a hospital building among liabilities of financial institutions;

(b) Personal real estate collateral obligations among debts of financial institutions;

(c) Debentures;

(d) Lease obligations. Article 7 (Share in Liquidation)

(a)if there is a partner who completes or withdraws from the business, the distribution of residual property (property, goodwill, debt, etc.) shall be 50% of the shares of the Plaintiff and 50% of the Defendant;

B. The above liquidation shares are those reflected in the course of the establishment of the hospital and are not affected by changes in the shares of profit distribution during the period of the business.

Article 8 (Distribution of Profits and Shares of Loss Liability)

(a)the shares in the distribution of profits and the burden of loss during the period of the operation shall be the shares of 50% and 50% for the defendant, and the profits shall be distributed as at the end of each quarter (4 times a year - March, June, September, September, 12);

(c) Liability for damages caused by medical malpractice during the period of the same occupation shall be jointly borne.

Article 12 (Term of Contract)

A. This Agreement entered into force on December 1, 2007, and its duration is December 31, 2012.

(b) make a determination by mutual consent as to whether the term of the contract has been renewed within one month before the expiration of the contract;

On October 22, 2007, the Plaintiff entered into a partnership agreement with the Defendant to jointly operate the D Hospital (hereinafter “instant hospital”) at the fourth and fifth floor of the Jeonsi-gu Seoul Special Metropolitan City (hereinafter “instant partnership agreement”). The main contents of the agreement are as follows.

B. On December 13, 2012, the Plaintiff, upon the termination of the term of existence on December 31, 2012, issued to the Defendant a certificate of content requesting the Defendant to divide the operating assets into the partnership as follows.

1. The Plaintiff and the Defendant discussed the division of the same business property around October 2012, but there is no mutual agreement difference between them. The agreement is not reached until December 31, 2012.

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