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(영문) 부산지방법원 2017.06.01 2016가합49743
약정금
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims filed by the Defendant (Counterclaim Plaintiff) B are dismissed.

2. The costs of lawsuit;

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. Conclusion of a partnership agreement and withdrawal of the Plaintiff’s withdrawal 1) The Plaintiff and the Defendants are “E Hospital” located in Busan Metropolitan Government on September 1, 2014 (hereinafter “instant hospital”).

30 million won (hereinafter referred to as the “instant trade agreement”) shall be subject to a partnership agreement in which each of the investment amounts of KRW 300 million will be invested and taken over.

(2) On November 17, 2014, the Plaintiff concluded the instant hospital, and accordingly, purchased the instant hospital. (2) On November 17, 2014, the Plaintiff withdrawn from the business relationship by terminating the instant agreement with the Defendants, and thereafter, retired from the business relationship. From that time, the Plaintiff was on duty as a staff doctor of the instant hospital until September 30, 2016, and was serving as a staff doctor of the “G hospital” located in F of the Busan Annual Organization from September 30, 2016 to that time.

B. On April 1, 2015, the Plaintiff entered into an agreement with the Defendants on the return of KRW 300 million invested by the Plaintiff (hereinafter “instant agreement”) and the details thereof are as follows.

1. The Defendants shall return to the Plaintiff the total amount of KRW 300 million invested by the Plaintiff at the time of completion of the contract in August 2019, and shall be deemed to have no interest.

Provided, That in cases of sale of a hospital before August 2019, 300 million won of the investment shall be paid as the top priority.

2. In cases of continuing operation of a hospital after August 2019, legal interest shall be paid to KRW 300 million of the amount invested.

3. As discussed in each other, the Plaintiff does not leave his/her job until August 2019.

4. Provided, That even if it is inevitable for the Plaintiff to open a city before August 2019, the amount of investment shall not be recovered for two years after September 2014.

C. Defendant C and D’s termination of the instant partnership agreement; (1) around September 1, 2015, Defendant C and D terminated the instant partnership agreement with Defendant B, and withdrawn from the partnership relationship; and (2) Defendant C and D, after withdrawal from the partnership relationship, were to have the instant hospital operated independently.

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