손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On January 14, 2013, the Defendant leased a store No. 102 through 104 of E (hereinafter “instant store”) No. 104 of the 1st floor of E (hereinafter “instant store”) located in the two weeks owned by C (hereinafter “instant store”) and is running a pharmacy business. The Plaintiff is a person who runs a pharmacy business under the trade name “G pharmacy” in Article 301 of the instant shop.
B. C filed an application with the Plaintiff for provisional injunction against the prohibition of pharmacy business under the instant 301 as the District Court Decision 2013Kahap209, and the said court rendered a provisional injunction against the Plaintiff on November 12, 2013, stating that the Plaintiff shall not operate a pharmacy or allow a third party to operate a pharmacy business (hereinafter “instant provisional injunction”).
C. However, even after the decision of provisional disposition of this case, the Plaintiff continued to operate the pharmacy in the instant case 301.
Accordingly, the Defendant posted the printed printed printed printed printed materials (hereinafter “the instant printed materials”) that “The third floor G pharmacy in the building is subject to a provisional measure of business suspension due to illegal business by the District Court.” Thereafter, the Defendant posted them on the entrance of the instant store and on the side of the fourth floor elevator of the instant commercial building.
E. (1) As the main text of the instant provisional disposition, C and the Defendant filed a lawsuit against the Defendant, etc. with the District Court 2014Gahap564, seeking provisional injunction and damages against the Defendant, etc., and the said court rendered a judgment dismissing C and the Defendant’s claim on June 20, 2014.
(2) As to this, C and the Defendant appealed as Seoul High Court 2014Na33538, and the said appellate court, based on C and the Defendant’s exclusive business rights on June 26, 2015, runs a pharmacy business in the instant commercial building 301, or runs a pharmacy business in the instant commercial building.