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(영문) 서울중앙지방법원 2017.12.20 2016가합541548
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

A. The Plaintiff entered into a contract on the transfer of rights to the instant pharmacy (hereinafter “instant contract”) as follows.

Rights (Facilities) Transfer Contracts

2. The total premium of KRW 240 million in the terms of the contract shall be paid and received at the time of the contract. The intermediate payment of KRW 96 million shall be paid on May 2, 2016 and the remainder KRW 120 million shall be paid on May 31, 2016.

Article 2 (Transfer of leased Articles) The transferor shall deliver the above real estate to the transferee by the day immediately before the commencement of the lease contract, and the transferor shall remove all the obstacles to the exercise of the right of lease, and at the same time upon receipt of the balance, deliver all the facilities and goodwill to the transferee so that the transferee can operate immediately.

except as otherwise provided in the agreement.

3. Personal details of the owner of the terms and conditions of the lease of the object to be transferred or taken over: C lease relationship: Matters stipulated under the C lease agreement of KRW 50 million, monthly rent of KRW 7,300,000,000 * Where the lease agreement has become known or registration for establishment has become known, this

* In the event of the relocation or closure of a business with the HH of the same building, it may consult on the premium.

(Provided, not more than one year) The transferee of the transferor to the defendant

C. On April 2, 2016, the Plaintiff paid to the Defendant KRW 24 million with the premium under the instant contract, KRW 96 million on May 2, 2016, the intermediate payment of KRW 96 million on May 2, 2016, and KRW 240 million on May 31, 2016, in total, KRW 120 million (hereinafter “instant premium”).

On May 4, 2016, the Plaintiff entered into a lease agreement with C to lease the instant pharmacy from June 1, 2016 to May 31, 2018, setting the lease deposit amount to KRW 50,000,000 per month, and KRW 7,700,000 per month. Around that time, the Plaintiff is operating the instant pharmacy by being handed over the instant pharmacy and internal facilities from the Defendant.

[Reasons for Recognition] Facts without dispute, Gap evidence 2, 7 (including each number; hereinafter the same shall apply), and Eul evidence 4.

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