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(영문) 울산지방법원 2013.09.05 2013가합2241
약정금
Text

1. The defendant shall pay 85,00,000 won to the plaintiff and 20% per annum from April 9, 2013 to the day of complete payment.

Reasons

1. Basic facts

A. The Plaintiff, C, D, and Defendant decided to jointly establish and operate the F Hospital in Ulsan-gu E (hereinafter “instant hospital”) around 199.

On November 11, 2000, the Plaintiff and C established the instant hospital by investing each of KRW 291,49,016, D and the Defendant 291,498,033.

B. At the time of the establishment of the instant hospital, the Plaintiff and C had 1/6 shares, D and the Defendant respectively, and 1/3 shares.

C. From the end of 2002, C calculated the asset value of the instant hospital as KRW 3 billion at the time of the instant hospital and received KRW 500,000,000, which is the consideration for 1/6 shares, and KRW 1,000,000,000, which is the consideration for 1/3 shares, and withdrawn from the said business relationship.

Meanwhile, the Defendant paid KRW 15,00,000 per month to the Plaintiff from October 2007 to June 2012, and KRW 10,000 per month from July 2012 to November 2012.

【Ground for Recognition: Facts without dispute, entry of Gap evidence 1, and purport of whole pleadings

2. Determination as to the cause of action

A. The summary of the assertion (1) while operating the Plaintiff and the instant hospital as a partnership business, the Plaintiff agreed to receive KRW 15,000,000 per month as the price for the Plaintiff’s share (profit). The Defendant did not perform this.

Therefore, the Defendant is obligated to pay the Plaintiff KRW 25,00,000 in total, including the agreed amount of KRW 25,000,000 and the agreed amount of KRW 60,000,000, not paid from December 2, 2012 to March 2013, 2013.

(2) In around the end of 2002, Defendant C and D terminated the partnership relationship with the Plaintiff at the time of termination of the partnership agreement.

Although the payment of KRW 500,000,000 in return for the Plaintiff’s share at the time of the termination is insufficient, the Defendant agreed to pay KRW 10,000,000 per month, which is 2% per month interest until the Defendant pays the above amount due to the shortage of money.

Therefore, the money sent by the defendant is not a business agreement but a repayment of the above 500 million won, and the remaining principal and interest are 79,000,000 won.

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