logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2019.01.31 2018가합20563
영업폐지 및 손해배상 등
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

Basic Facts

The plaintiff is a pharmacist who operates the "F Pharmacy" in Seongbuk-gu Seoul Metropolitan Government (hereinafter referred to as the "F Pharmacy").

The defendant is a pharmacist who operates the "E Pharmacy" in Seongbuk-gu Seoul Metropolitan Government D (hereinafter referred to as the "E Pharmacy").

The Defendant initially leased Seongbuk-gu Seoul Metropolitan Government and 1st floor (hereinafter “instant store”) from lessor G to operate “H pharmacy”. On February 28, 2017, the Defendant concluded a premium contract between the Plaintiff and the Plaintiff seeking to open a pharmacy as a new lessee of the location and entered into the following premium contract:

(hereinafter referred to as “the instant premium contract”). The Plaintiff, who intends to become the Defendant and the new lessee under the instant premium contract, concludes the premium contract as follows:

Article 1 (Payment of Premiums) Total Premiums of KRW 310,000,000 (Contract Deposit of KRW 31,000,000, intermediate payment of KRW 60,000,000, remainder payment of KRW 219,00,000) shall be paid on the date when a lease contract is concluded.

Article 2 (Duties of Lessees) (1) A lessee shall arrange for a new lessee to a lessor, and shall cooperate so that a lease contract may be concluded between a lessor and a new lessee.

(3) The lessee shall transfer the following intangible and intangible property value in return for the premium until the new lessee pays the balance.

[Matters of Special Agreement]

2.In respect of the stock of chemicals, an acceptance shall be made by mutual agreement.

3. Where a transferor establishes a pharmacy in Seongbuk-gu, he/she shall not use the existing "H pharmacy" or similar trade name;

4. The transferor shall promptly refund half of the premiums paid to the transferee to the transferee if the transferor moves or closes his/her business within one year after transfer to another, J-type, K-type, and Linbya, if the transferor moves or closes his/her business.

On June 30, 2017, the Plaintiff deposited the instant store with the lessor G on June 30, 2017.

arrow