(심리불속행) 영업보상금은 사업자등록명의자가 아닌 실제 영업자에게 있음[국승]
Seoul High Court-2017-Na2048735 ( December 01, 2017)
(ps) Business compensation shall be paid to an actual business operator who is not a business operator but a business operator.
In light of the fact that the business compensation is not compensation for the business, and the business license is merely cancellation of the general prohibition and it cannot be deemed that there is an independent economic value independent from the business, etc., the business compensation is an actual business operator who suffered loss due to the discontinuance of business.
Article 97 of the Civil Act: Requirements and Effect of Deposit for Performance, and Deposit of Debt Amount of Obligor of Article 248 of the Civil Execution Act
Supreme Court Decision 2018Da201542 Decided Claim for Payment of Deposit Money
Korea
Park AA
Seoul High Court Decision 2017Na2048735 Decided December 1, 2017
March 29, 2018
The appeal is dismissed.
The costs of appeal are assessed against the defendant.
All of the judgment below and the appellate brief examined the records of this case, but the appellant's grounds of appeal are not included in the grounds provided by each subparagraph of Article 4 (1) of the Act on Special Cases Concerning the Procedure of Appeal, or are recognized to be groundless. Thus, the appeal is dismissed pursuant to Article 5 of the same Act. It is so decided as per Disposition by the assent of