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(영문) 수원지방법원 2014.11.28 2013가합25340
권리금반환청구등
Text

1. The defendant shall pay 130,000,000 won to the plaintiff and 20% per annum from February 16, 2014 to the day of complete payment.

Reasons

1. Basic facts

A. The Defendant leased the store (hereinafter “instant store”) A, Dong-dong 101, Dong-dong 101 (hereinafter “instant store”) in Yanandong-gu, Chungcheongnam-gu, Seoul, and leased the instant store to the person who intends to operate the instant store by succeeding the lessee’s status as to the instant store and seeking to obtain the premium.

On the other hand, at the time of February 2013, 105, "D pharmacy" was in operation.

[Indication of Real Estate subject to Transfer] With respect to the transfer of the above right, the transferee shall pay the acquisition price as follows as to the transfer of the trade name A, Dong-gu, Dong-dong C 101 and the size of a pharmacy of 292.29 square meters (actual 60 square meters), monthly rent of KRW 130 million (Additional Tax) and monthly rent of KRW 300,000,000 (Additional Tax).

Amount of acquisition: KRW 300 million, 90 million for down payment (special agreement)

1. The balance of the transfer shall be the immediate payment rate for the name of the present/D Contracting State.

2. The term of the lease contract shall be five years (60 months) and the term of the lease shall be fixed terms;

(Contracting Monopool)

3.The cost of interior interior test of a pharmacy shall be paid on the actual cost to the transferor of the name city of the name city of the present/D pharmacy.

4. The balance of the transfer proceeds shall be the payment key immediately after checking the name of the present/D Contracting State.

5. The deposit shall be made in full prior to the date of sale, and shall be terminated without any condition of the assignee of the present/D pharmacy.

6. The transferee shall not participate in the shop owner when the transferee transfers the goodwill to a third party;

7. The date of the name of the current/D pharmacy shall not exceed 13 months, and the rent shall not exceed 6.5 million won;

(VAT Map). (b)

On February 2013, the Plaintiff, a pharmacist, closed the business of the above Ddong from the Defendant around 2013, and hear the horses that when the Plaintiff opens a pharmacy at the instant shop, he/she may operate a pharmacy exclusively in the instant commercial building A, and on the premise that it is possible for the Plaintiff to operate the pharmacy exclusively in the instant commercial building Adong on February 14, 2013, the Plaintiff would take over the entire business rights of the instant store from the Defendant to KRW 300 million.

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