Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff is a company running a pharmacy chain business, etc. The Defendant, as a pharmacist, opened and operated a pharmacy under the trade name of the Mapo-si Building C and the E pharmacy in subparagraph D (hereinafter “instant pharmacy”) on December 30, 202, and closed the said pharmacy on December 1, 2014.
B. Meanwhile, on January 7, 2005, the Plaintiff and the Defendant drafted a partnership agreement with the following contents.
The Plaintiff and the Defendant promised to perform the special terms and conditions of the contract for the membership of the instant pharmacy as follows:
Article 3 (Matters to be Agreed regarding Establishment of Pharmaciess) All expenses (such as deposit, premium, facility cost, etc.) incurred in the establishment of the pharmacy of this case shall be borne by the Plaintiff, and the rights and ownership thereof shall also be borne by the Plaintiff, and the Defendant shall have the part of operation related to the
Article 4 (Matters Agreed after Establishment of Pharmacies) (1) (The defendant shall place the prescription required by the pharmacy of this case in full to the plaintiff as the purchase price for the prescription required by the pharmacy of this case.
(c) an item that cannot be supplied by the Plaintiff due to extenuating circumstances shall not be an exception.
2) (Conditions and Method of Settlement) The Defendant shall deposit the payment for the prescription drugs purchased from the Plaintiff in the month following the following month into the bank account designated by the Plaintiff (within 90 days following the end of the month of delivery) (Special Cases on Orders and Payments) (3) 3% of the amount used below the required amount for the prescription drugs used by the instant pharmacy and 0.5% of the amount exceeding 90 days following the settlement date.
4) (Term of Contract) The term of the contract under this Agreement shall be from January 10, 2005 to the third party, or shall be effective until the date of closure (under consultation with the plaintiff and the defendant). (5) The defendant shall be fully liable for any profit and loss incurred in the operation of the pharmacy.
Article 6 (Transfers and Premiums) The Defendant does not agree separately with the Plaintiff.