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(영문) 수원지방법원 2016.10.21 2014가합15753
손해배상 및 동업지분반환 청구
Text

1. As to the Plaintiff KRW 255,293,243 and KRW 125 million among them, the Defendant shall be from December 19, 2013 to KRW 125 million, and KRW 125 million.

Reasons

1. Basic facts

A. On April 15, 2013, the Plaintiff, who was operating the Gangnam Branch C (hereinafter “instant hospital”), entered into a partnership agreement with the Defendant to jointly operate the instant hospital by setting the ratio of shares of 50% as a partnership business (hereinafter “instant partnership agreement”), and the main contents thereof are as follows.

Article 5 (Term of Contract)

1. In principle, the operations have started on April 15, 2013, and the start date of the joint business shall be May 16, 2013 and shall continue, in accordance with the mutual agreement between the partners, until the business is terminated formally.

Article 6 (Shares and Contributions)

1.Members shall, through asset assessment, including all the equipment owned by the existing hospital and the guarantee money for lease prior to the date of commencement of the business, invest an amount equivalent to their respective shares as follows:

4. The branch rates of the instant hospital shall be as follows:

However, the equity ratio may be changed under the agreement of the partners in consideration of the additional investment or contribution ratio after the commencement of the investment.

The amount of equity investment (A) 50% 50% 50% 250 million won 200 million won, but the plaintiff for the first year after the commencement of the joint project: The ratio of income allocation by the defendant for the first year is 60:40.

Article 12 (Termination)

1. Reasons for termination of the partnership industry;

a. Voluntary intention

(e) Application for bankruptcy or commencement and retirement of other bankruptcy procedures;

2. The calculation of the amount paid in cash by calculating the portion of the partner's land owned by the partner who declared the termination in accordance with the tangible asset value of the hospital as of January 1 of the year to which the point of time at which the termination becomes final and conclusive through both agreements belongs, after the

(Provided, That the value of tangible assets of the hospital shall be appraised at the price determined by the public). 3. A partner who voluntarily deserts from the hospital shall notify the other partner of the termination at least 90 days prior to the termination.

4. If a decision to terminate a partnership firm under mutual agreement between the partners is made, the withdrawing partner shall, within six months of the decision of the partner's meeting to approve the withdrawal, be paid 50 per cent of the amount corresponding to his/her share as a gold, and the remaining 50 per cent shall be one year.

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