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(영문) 서울중앙지방법원 2017.12.06 2017가합522469
대여금
Text

1. As to KRW 217,712,95 among the Plaintiff and KRW 154,837,50 among the Plaintiff, the Defendant shall be annually from July 8, 2013 to May 11, 2017.

Reasons

Basic Facts

The defendant is a dentist who has operated the Dental clinic on the first floor of the Gangnam-gu Seoul Metropolitan Government C building from June 2012.

The Plaintiff is a dentist who registered his/her business with the trade name of “Fental clinic” (hereinafter “instant dental clinic”) using the second floor of the Gangnam-gu Seoul E building as his/her place of business on June 12, 2013 according to the Defendant’s proposal.

Upon entering into the instant contract, the Plaintiff and the Defendant entered into a partnership agreement on June 19, 2013. The content thereof shall be the dental clinic of this case. The contract period shall be two years, and the Defendant shall pay the Plaintiff KRW 10,00,000 per month for the maintenance of dignity, and both the Defendant and the Defendant shall pay to the Plaintiff for the management of dental services, import management, etc., and all the Defendant’s tax and responsibilities, such as miscellaneous expenses, shall be borne by the Defendant.

In other words, on July 8, 2013, the Plaintiff and the Defendant concluded an agreement on equity investment and joint operation (hereinafter “instant agreement”) with respect to the instant dental clinic operation. The main contents thereof are as follows: (a) Article 1 (Investment in B and the Obligations of A; hereinafter the same shall apply)(1)B (the Plaintiff; hereinafter the same shall apply) of the instant agreement (the instant dental clinic; hereinafter the same shall apply) invests KRW 200,000 on July 9, 2013 for the smooth operation of the instant dental clinic; and (b) at the same time obtain the status of the financial investor and its partner with respect to the operation of the instant dental clinic.

Article 2 (Right to Profit-Sharing of Equity Investment in B) Section 1 (Defendant; hereinafter the same shall apply) of Section B (Right to Profit-Sharing of Equity Investment) shall pay dividends of KRW 3.5 million per KRW 100,000 per 100,000 to the last day of each month in a state in which no taxes are to be imposed on the part of Section B for any reason whatsoever.

Article 3 (Obligation of Party A and Party B for the Operation of Dentals under this Agreement) The establishment of dental dental services under this Agreement shall be registered with the tax office, public health clinic, public health center, public health center, or center with documents in the name of Party B, etc.

Where it is no longer possible to participate in the operation of this contract due to the circumstances referred to in paragraph (2) B.

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