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Case Number of the immediately preceding lawsuit
Seoul High Court-2017-Na2048735 ( December 01, 2017)
Title
(ps) Business compensation shall be paid to an actual business operator who is not a business operator but a business operator.
Summary
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.
Related statutes
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
Cases
Supreme Court Decision 2018Da201542 Decided Claim for Payment of Deposit Money
Plaintiff-Appellee
Korea
Defendant-Appellant
Park AA
Judgment of the lower court
Seoul High Court Decision 2017Na2048735 Decided December 1, 2017
Imposition of Judgment
March 29, 2018
Text
The appeal is dismissed.
The costs of appeal are assessed against the defendant.
Reasons
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