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(영문) 서울고등법원 2017.09.01 2016나2046602

영업금지청구 및 매매대금반환

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1. A change in the judgment of the first instance, including the plaintiff B's claim extended in the trial of the party, as follows:

(c). (a).

Reasons

1. Quotation of judgment of the first instance;

A. The reasoning for the court’s explanation concerning the instant case is next to the judgment of the first instance.

It is identical to the judgment of the court of first instance except for the correction as stated in paragraph (2), and the decision in the trial is added, and it is also accepted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

B. Part 1) The amendment of the first instance court’s decision “F” is all deemed to be “Defendant F”; the “F” of the fifth and tenth and tenth and the “F” of the fifth and tenth are deemed to be “Defendant F”, respectively. The fourth and fourth instances of the first instance court’s decision are replaced by the following parts:

3) The first instance court's decision No. 41 and 20 of the first instance court's decision that "if there are numbers, including the number number, the number is included" is added to "a lease" under the first instance court's decision No. 6 of the first instance court's decision No. 6. 4) that "a lease will be made," and "a lease will be made," was made only after the remainder payment was made under the first sales contract, at the place where the sales contract would be rescinded by the Defendant C without delay and the remainder payment would be terminated by the Defendant C. Thus, the Defendant C's business exclusive right is waived in return for the maintenance of the contract."

5) Subsequent to the “as seen in the foregoing,” “as shown in the preceding sentence 8 of the first instance judgment,” “No. 1, 2, and 11” was added to the “No. 3-1” of the first instance judgment, and “No. 9” was added to the “No. 6” of the first instance judgment, and “a witness” of the same parallel is deemed to be “a witness of the first instance trial.” 6) The “a special agreement on the exclusive license of a pharmacy specified in the first instance sales contract is deemed to be “a witness of the first instance trial,” and the first sales contract itself.