logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.07.08 2018가합563481
손해배상
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. Facts of recognition;

A. (1) On July 21, 2014, the Plaintiff leased the F Building G (hereinafter “instant building”) of Yeonsu-gu Incheon (hereinafter “instant G”) from Nonparty D and E on July 21, 2014. On August 8, 2014, the Plaintiff was a person who operated a pharmacy in the instant G from around that time after completing business registration having its place of business as the place of business.

Nonparty D and E are the persons who own the instant subparagraph G from H Co., Ltd. (hereinafter “sale company”) on June 29, 2014.

(2) On March 28, 2014, Defendant C leased the instant subparagraph I to Defendant B on April 12, 2014, which was the owner of the instant shopping mall (hereinafter “instant subparagraph”) purchased from the selling company. Defendant C, on August 13, 2014, completed business registration with the instant subparagraph I as the place of business, and thereafter, Defendant B operated the instant pharmacy business from around that time.

B. (1) On September 3, 2014, the Defendants: (a) concluded a pharmacy exclusive contract with the Plaintiff, D, and E (hereinafter “Plaintiff, etc.”) on September 3, 2014; and (b) Defendant C entered into a contract with the selling company for the pharmacy exclusive contract in the instant commercial building; and (c) filed an application for provisional injunction against the business leasing business of the pharmacy in the instant subparagraph G and the pharmacy business seeking the prohibition of pharmacy business (hereinafter “application for provisional injunction”).

(2) On February 9, 2015, the Incheon District Court recognized the fact that the sale contract for the instant subparagraph I, prepared between Defendant C and the selling company, entered the “pharmacy monopoly contract” as to the instant subparagraph, but there is no circumstance to deem that D and E consented to the seller’s acceptance of the instant subparagraph’s exclusive business license to Defendant C, while having known or could have known the seller’s obligation to guarantee the exclusive business license, and the management rules for the instant commercial building, stating the same business prohibition provisions, are stipulated.

arrow