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(영문) 전주지방법원 2014.10.08 2013가합194
정산금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On October 22, 2007, the Plaintiff entered into a partnership agreement with the Defendant for the joint operation of D Hospital (hereinafter “instant hospital”) at the level of C4 and 5, Jeonju-si, Jeonju-si (hereinafter “instant partnership agreement”), and among which the main contents of the partnership agreement are as follows.

Article 7 (Share in Liquidation in Contract of Partnership)

(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 the reflection of the degree of contribution in the process of the establishment of the hospital, and are not affected by the change in the share of profit during the business period.

Article 12 (Term of Contract)

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

(b)

(c) make a decision by agreement as to whether the term of the contract has been renewed within one month before the expiration of the contract.

B. On December 13, 2012, the Plaintiff sent to the Defendant a content-certified mail to the effect that the instant hospital requires the division of its business property. On December 20, 2012, the Defendant sent to the Plaintiff the answer to the effect that the procedure for the settlement of its business property remains and that the business right cannot be met due to the lack of business value.

C. From December 1, 2007 to December 31, 2012, the Plaintiff jointly operated the instant hospital with the Defendant for five years from December 1, 2007, and the period of the operation of the instant hospital expired, and thereafter, the Plaintiff opened the instant hospital separately, and the Defendant is operating the instant hospital independently.

around December 2012, the National Health Insurance Corporation notified the Defendant that it will recover the health care benefit cost of KRW 156,561,500 regarding 4,646 cases from July 1, 2008 to February 29, 2012, and then made a decision to recover the health care benefit cost of KRW 156,561,50 (hereinafter “decision to recover the health care benefit cost of this case”). Accordingly, the Defendant is the Health Insurance Objection Committee.

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