1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. The plaintiff is not a medical person as the representative of E, but the defendant is a doctor.

B. On April 10, 2003, the Plaintiff and the Defendant invested the C Hospital building, expenses for purchasing medical equipment and materials, and various operating funds of the hospital in the market value equivalent to KRW 2.2 billion located in Jeonnam F, and entered into a business agreement with the Defendant to invest KRW 200 million in the hospital’s finance and personnel affairs, and to take exclusive charge of patient treatment affairs.

(hereinafter “instant trade agreement”). Accordingly, on May 17, 2003, the Defendant opened a C Hospital under its own name and operated it until October 1, 2003.

C. However, on September 1, 2003, the Plaintiff and the Defendant terminated the instant partnership agreement and drafted a written agreement with the following contents:

(hereinafter referred to as the “instant termination agreement”). [Agreement] The Plaintiff and the Defendant, which agreed to operate the C Hospital, shall be the termination date of the contract with the common operating key as follows:

2. The contract term of the defendant and the plaintiff shall be the end date of September 30, 2003, and the treatment shall be the end date of August 31, 2003.

Provided, That at the request of the plaintiff, the defendant may assist only to the case.

3. The Plaintiff shall, after the completion of the Defendant’s medical treatment, affix his seal to the agreement agreed by the Plaintiff and the Defendant, and at the same time, pay 100 million won out of the Defendant’s 300 million won to September 1, 2003, and pay the remaining 250 million won (including the rent) not later than the end of the contract ( September 30, 2003).

4. The plaintiff shall change the name under the authorization and permission of a hospital until September 30, 2003, which is the expiration date of the contract with the defendant, and the defendant may close the business when the plaintiff cooperates with the plaintiff to change the name so that it can only be changed and the change becomes known after the change.

6. All expenses incurred in connection with the establishment and operation of the hospital, such as construction cost and machinery balance, medicine and expendable items, and taxes, public charges, etc. that will be incurred later in connection with the establishment and operation of the hospital, shall be fully accepted and liable by the plaintiff.

9. The good faith.