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(영문) 서울중앙지방법원 2014.01.22 2012가단313052

손해배상 등

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Defendant, while operating the “Egyna” on the second floor of the Dong Building in Dongjak-gu Seoul Metropolitan Government, changed its trade name to F Magna.

B. 1) On November 1, 2011, Plaintiff A entered into a service contract with the Plaintiff to operate KRW 30,000,000 per month for management expenses, and KRW 1,000,000 per month for management expenses, and between November 1, 2011 and November 1, 2012. (2) The Plaintiff and the Defendant agreed not to participate in the entire operation of the contractor’s non-contractor’s non-party (party).

C. The Defendant, while having the above He operate the above He as his father, appointed I as the head of the management headquarters and entrusted the general management of the above He. D.

I and the plaintiffs have operated the above restaurant and filed a complaint with the police over several times.

E. Ultimately, Plaintiff A and Plaintiff B operated the said restaurant together, and suspended on November 2, 2012.

[Reasons for Recognition] Unsatisfy, Gap evidence 1-1 and 2-2, the purport of the whole pleadings

2. Assertion and determination

A. From February 2012, I, the manager of the above private letter, the plaintiffs' assertion, interfered with the business of the above restaurant from February 2, 2012, damaged the honor of the plaintiffs and injured them. This constitutes the fact that other persons participated in the operation of the restaurant, thereby violating the contract.

Therefore, the defendant is obligated to compensate the plaintiffs for damages due to default.

B. In light of the following circumstances: (a) the Defendant is a prospective student; (b) the Defendant established and operated a private letter under the supervision of the Defendant’s parents; and (c) the Defendant’s parent was responsible for general management of a private letter or a private letter since the Defendant’s parent was a private letter or a operating experience; and (d) the Defendant’s parent was responsible for management of a private letter or a private letter from the time when the first letter or a private letter was opened.