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(영문) 서울서부지방법원 2017.11.09 2016가합39156
물품대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On August 11, 2014, the Plaintiff, the father of the Plaintiff, acquired the Plaintiff’s license for the wholesale business of pharmaceutical products (see Article 44(2)2, and Article 45 of the Pharmaceutical Affairs Act) and its business. On August 14, 2014, the Plaintiff registered the business of the wholesale business of pharmaceutical products and medical container wholesalers with the trade name “E”.

The defendant is an incorporated foundation established to prevent industrial accidents and contribute to the maintenance of workers' safety and health, and has established and operated a medical institution in Mapo-gu Seoul Metropolitan Government F.

The plaintiff was appointed as the defendant's director on May 1, 2015.

B. On September 6, 201, G, the Defendant’s representative (hereinafter “Defendant’s representative”): (a) 2 and 3 floors of three-story neighborhood living facilities (hereinafter “instant building”) of Hama Mapo-gu Seoul M&D ground reinforced concrete structure; (b) were used as a hospital; and (c) the first floor was used as a hospital; and (d) leased the entire building from I and J for the purpose of subleting the building to convenience stores, pharmacies, etc. with a fixed term of 300,000,000,000,000,000,000,000, and five years, respectively.

On November 16, 2011, the Defendant established the Defendant’s 2 and 3th floor of the instant building as the Defendant’s Subdivision B Kwon (hereinafter “Kwon”). On November 29, 2013, the Defendant terminated the operation of Kwon.

C. A lease agreement with I and J as lessor was concluded on March 2014 with respect to the 2 and 3th floor of the instant building.

On March 3, 2014, the Plaintiff submitted a guarantee letter stating that “I will be responsible for, guarantee, and confirm the rent of B director G as a lessee foundation,” to I and J on March 3, 2014.”

On May 2014, K Council members changed the name “(re) B L Council members” (hereinafter “L Council members”) and resumed the operation on the 2 and 3th floor of the instant building. However, on September 2016, K Council members discontinued the operation.

The plaintiff shall manage the L Council members under the permission of the defendant from the time when the L Council member's business commences.

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