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(영문) 인천지방법원 2021.01.08 2019가합55773

약정금

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The plaintiff's primary and conjunctive claims are all dismissed.

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

Reasons

1. Basic facts

A. On August 7, 2018, the Defendant, who had run a pharmacy in the name of D’s pharmacy (hereinafter “instant pharmacy”) in Jin-si, Jin-si, entered into a contract for transfer of the right to receive KRW 400,000,000 as premium (hereinafter “the instant premium”) upon transferring the entire business rights and facilities of the instant pharmacy to the Plaintiff, and entered into a contract for transfer of the right to receive KRW 400,000 as premium (hereinafter “the instant contract”). The main contents of the instant contract are as follows.

Article 1 The Plaintiff shall pay the right amount of the instant pharmacy as follows:

40,000,000 won of down payment shall be paid and received at the time of the contract. The intermediate payment of KRW 80,000,000 shall be paid in August 17, 2018.

Any balance shall be paid on August 30, 2018,000 won.

Article 2 The defendant shall remove all the matters impeding the exercise of the right of lease, and shall hand over all the facilities including the facilities so that the plaintiff can conduct the business immediately at the same time as the receipt of the remaining amount.

Matters of special agreement

1. In the event that a hospital is aware of a plan for the relocation and closure of the hospital within one year after paying the premium, this contract shall be null and void and the entire amount of the premium already received shall be immediately refunded;

2. To close a hospital and to refund the total amount of the premium in wartime within one year after calculating it as 1/12.

3. Within one year, 1/3 of the premium amount shall be refunded in installments into 1/12 of the next building (a pharmacy exclusively for the prescription of a National Assembly member) (a pharmacy exclusively for the prescription of a National Assembly member).

B. On August 7, 2018, the Plaintiff paid each of the instant premium to the Defendant KRW 40,000,000 as the instant premium, and KRW 80,000 in the intermediate payment on August 10, 2018, and KRW 280,000 in the remainder on August 28, 2018.

(c)

On September 13, 2018, the Plaintiff met F, the president of E Council members (hereinafter “instant hospital”). From that place, F was a pharmacist within “the Plaintiff’s spouse,” and F was a spouse in the same place prior to the Plaintiff’s thought that the instant pharmacy was operated as the same.

If the pharmacy of this case is not accepted, it is thought that the hospital of this case will move.

‘The purpose was to make a statement to that effect.'

[Ground for recognition] There is no dispute, A.