beta
(영문) 서울남부지방법원 2018.06.21 2016가합100776

물품대금

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff and C’s transactional relationship 1) The Plaintiff is the Plaintiff’s trade name as “D pharmacy” from May 1, 2013 to January 4, 2016. (hereinafter “instant pharmacy”).

(2) The Plaintiff lent KRW 100,000,00 to C on April 2, 2014, and C repaid KRW 50,00,00 to the Plaintiff on July 22, 2014.

B. Defendant A entered into a contract for the transfer of business between C and the Defendants with the trade name of “E pharmacy”, and Defendant B operated a pharmacy with the trade name of “F pharmacy” respectively. 2) On December 31, 2015, Defendant C and C entered into a contract for the transfer of business with the Defendants to transfer the instant pharmacy’s business in KRW 1.3 billion (hereinafter “instant transfer of business”).

3) The Seongdong-gu Seoul Metropolitan Government Ground Building where the instant pharmacy is located is H Co., Ltd. (hereinafter “H”).

(4) The Defendants concluded a lease agreement to lease the first floor of the above building with a deposit of KRW 500,000,000, rent of KRW 36,000,000 (excluding value-added tax), and the period from January 8, 2016 to January 7, 2018. K entered into a lease agreement to lease the lease of KRW 1,260,000,000, excluding the lease deposit of KRW 500,000,000, excluding the lease deposit of KRW 500,000.

K and the Defendants agreed that C shall pay 360,000,000 won out of 760,000,000 won by January 8, 2016, and the Defendants shall accept the remainder of the debt amounting to KRW 400,000,000, and shall jointly and severally repay the said amount, and if the said amount is not fulfilled, the lease agreement shall be null and void.

5) On January 8, 2016, C repaid KRW 300,000,00 to H, and returned medicines equivalent to KRW 339,648,493, which were in the instant pharmacy, to H.C. C and the Defendants’ criminal cases against C are as follows: November 16, 2017.