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(영문) 수원지방법원성남지원 2017.06.28 2016가단217740

매매대금반환

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant spent expenses, such as lease deposit, facility cost, etc. to establish a pharmacy on the first floor of the building in the Manam-gu, Sungnam-si, and D, a pharmacist, operated the pharmacy with the trade name “E pharmacy” on the first floor of the above building (hereinafter “E pharmacy”), and paid a certain amount to the Defendant each month.

B. The Defendant operated a pharmacy with the trade name of “G pharmacy” in a commercial building in Seongbuk-gu, Seongbuk-gu, Sungnam-si (hereinafter “instant apartment”), but requested D to advertise the transfer of the instant pharmacy to “H”, a consulting company that said D would no longer operate the pharmacy, and the I, upon receipt of such request, posted the following advertisements concerning the instant pharmacy on the homepage of “J” (hereinafter “instant advertisement”).

The average preparation fees for the first-class pharmacy of 80 to 90 households issued at Sungnam-si: 300,000 won (50,000 won, if the amount of the net profit is increased by the working hours as a member, 50,000 won): the amount of net profit as of 300,000 won (50,000 won, if the amount is increased by the working hours as of the Council member) shall be at least 70-8,000 won under a condition that the net profit may be KRW 10,000,000,000 won (at present, 30,000,000 won, in case of a worker for grass

C. The Plaintiff reported the instant advertisement to I on June 30, 2014. On the same day, the Plaintiff and the Defendant entered into a contract with I on the acquisition or transfer of rights (facilities) between the Defendant and the Defendant to transfer all of the instant pharmacy’s goodwill and facilities to the Plaintiff KRW 50,00,000 premium (hereinafter “instant contract”).

The Plaintiff paid KRW 10,000,000 to the Defendant on July 3, 2014, and paid KRW 48,000,000 on July 14, 2014, and KRW 48,00,000 on July 15, 2014, and KRW 2,00,000 on the share of KRW 30,000,000. The Plaintiff and the Defendant agreed to lower the share of KRW 2,00,000 from the share of transfer, which were installed at the instant pharmacy.

The plaintiff on July 2014.