(영문) 광주지방법원순천지원 2016.02.04 2015가합13042

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(영문) 광주지방법원순천지원 2016.02.04 2015가합13042

영업금지 등

Text

1. The Defendant shall pay to the Plaintiff KRW 4,798,510 and interest rate of KRW 20% per annum from May 15, 2014 to the date of complete payment.

Reasons

1. Basic facts

A. On December 30, 2007, the Plaintiff: (a) operated a pharmacy with the name of “F pharmacy”; (b) concluded a lease agreement between the Defendant and the Defendant on December 30, 2007, which is KRW 35 million with respect to the instant store; (c) KRW 35 million with respect to the instant store; and (d) from December 30, 2007 to December 30, 2012.

At that time, the Defendant paid 200 million won for the premium to the Plaintiff in addition to deposit 35 million won, and operated the pharmacy in the instant store with the trade name of “F Pharmacy.”

B. On April 2014, the Plaintiff entered into a lease agreement with the Defendant, which is KRW 35 million, KRW 4 million per month, and the term of the lease, from January 1, 2013 to December 31, 2014, regarding the instant store, retroactively as of January 1, 2013, and the said lease agreement (hereinafter “instant special agreement”) contains the following details.

(1) On December 31, 2014, a lessor shall refund a lessee a premium of KRW 200 million and a deposit of KRW 35 million to the lessee.

(2) A medicine unit shall be settled with a lessee.

(3) The cost of equipment (such as air conditioners, facsimiles, display posts, automatic powder packers, and two computers) shall be settled with the claimant.

C. On July 25, 2014, the Plaintiff entered into a lease agreement between G and G with a deposit of KRW 12 million for the instant store, KRW 4 million per month, and the term of lease from January 1, 2015 to December 31, 202.

G around that time, from the end of January 2014, G paid the Plaintiff the deposit of KRW 12 million to KRW 300 million in addition to the premium of KRW 12 million, and operated the pharmacy from January 2015 to the name of “F Pharmacy” in the instant store.

On January 2015, the Plaintiff returned premium of KRW 200 million to the Defendant and KRW 35 million.

E. From February 2015, the Defendant is operating a pharmacy in the name of “E pharmacy” at the next shop of the instant store from mid-2015.

F. Meanwhile, the Plaintiff was employed by the Defendant as a pharmacist around December 2007 and started from that time.

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