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(영문) 서울중앙지방법원 2016.02.17 2013가단139312
사해행위취소 등
Text

1. With respect to 2,645 square meters prior to Dongducheon-si D:

A. It was concluded on December 31, 2012 between the Defendant and E (F).

Reasons

1. Basic facts

A. On May 201, the Plaintiffs establish a partnership business agreement with the content that (i) around May 201, E, H and hospital management support companies and (ii) the company will operate as a partnership business and distribute profits therefrom in proportion to their respective shares (hereinafter “instant partnership agreement”).

(2) On August 12, 201, the Plaintiffs, E, and H established Company I (hereinafter referred to as “State I”) which is a hospital management support company under the instant partnership agreement, and according to the agreed investment ratio, the Plaintiffs and H took over 2.2% of the shares in the instant partnership agreement (the nominal owner in the register of shareholders as to Plaintiff B’s shares) and 33.4% of the shares, respectively, and on September 30, 201, E was appointed as the representative director, Plaintiff A, H, and J as the director, respectively.

3) On October 1, 2011, Plaintiff A opened a hospital under the instant Dong business agreement with himself under the name of his business operator and started medical treatment. Plaintiff A decided to terminate the instant Dong business agreement on October 31, 201, and drafted a contract for termination of the following contents:

(C) section 3 (Scope of Termination). (Scope of Termination) section 3

(a) terminate in a lump sum the above-mentioned agreement between all parties on October 31, 2012;

B. The property, legal rights, and liabilities of the LAD by October 30, 2012 shall be succeeded by the “E” at the same time as the termination of the partnership agreement.

C. The property, legal rights and liabilities of Kwon incurred by October 30, 2012 shall be succeeded by “A (Plaintiff A)” at the same time as the termination of the partnership relationship.

At the time of the termination of the partnership relationship, the term “B (H)” and “B (Plaintiff B)” cannot assert any right arising from the partnership relationship, and any liability shall not be responsible.

Article 4 (Conditions of Termination)

A. For the termination of the partnership business, “A”, “B”, and “A” resign from the office of director of the International Bank of Bankruptcy as of October 31, 2012.

Provided, That "A" shall maintain the position of the representative director of the I in charge of the dispute resolution, and all the legal rights and liabilities of the I in charge of the dispute resolution.

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