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(영문) 울산지방법원 2021.02.10 2020가단115445
약정금
Text

1. The Plaintiff:

A. The Defendants are jointly and severally liable for 75,000,000 won and for this, from November 1, 2018 to April 16, 2020.

Reasons

1. Basic facts

A. A. Around March 2017, the Plaintiff entered into a partnership agreement with the Defendants, F, G, and H Hospital (hereinafter “instant hospital”). G invested KRW 200 million in the same partnership around March 2017, and thereafter secedes from G around that time. After that time, G and the Defendants converted the said investment amount into the borrowed amount and returned two years thereafter between the Plaintiff and the Defendants, but the Plaintiff and the Defendants agreed to pay the said investment amount in lieu of interest.

B. After that, between the medical corporation I on March 23, 2017, the Plaintiff entered into an asset transfer agreement between the medical corporation I to acquire the instant hospital, and had it settled since that time.

(c)

On September 28, 2017, between the Defendants and F departments, the Plaintiff agreed to convert the instant hospital into a corporation, and the Defendants and F are responsible until December 20, 2017. However, the Plaintiff agreed to pay the Plaintiff the sum of KRW 1.1 billion in the Plaintiff’s investment deposit and KRW 1.5 billion in consolation benefits following the termination of the contract (hereinafter “the instant first agreement”).

(d)

However, as the Defendants and F did not convert the instant hospital into a juristic person by December 20, 2017, the Plaintiff agreed on November 27, 2017, between the Defendants and F, that the Defendants and F will convert the instant hospital into a juristic person for not more than two years, or to take over the said hospital by one intention designated by the Defendants and F, but the Defendants and F will substitute the borrowed amount of KRW 800 million invested by the Plaintiff with the borrowed amount, and if the Plaintiff is converted into a juristic person or taken over within one year, the Plaintiff shall be deemed to have agreed that the Plaintiff would pay the entire annual salary by lump sum payment (hereinafter “the second agreement”).

E. After that, between the Defendants on May 12, 2018, the Plaintiff transferred all of the assets and liabilities on the account books of the instant hospital to the Defendants until June 30, 2018, and paid the borrowed money on June 30, 2018 (Article 2).

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