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(영문) 서울남부지방법원 2015.07.23 2014가합14307

손해배상(기)

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff as a party is operating a restaurant (hereinafter “instant restaurant”) in which its trade name is “D charcoal GGs”.

The defendants are mother and child.

E is the birth of Defendant C, and is the Plaintiff’s friendship.

B. On June 14, 201, the Plaintiff, including the Plaintiff’s taking over the instant restaurant, acquired the instant restaurant from E in the amount of KRW 63,00,000 for premium, and operated the instant restaurant from around that time.

C. Defendant C’s former position 1) Even after the Plaintiff’s acquisition of the instant restaurant, Defendant C worked in the said restaurant for several years. (2) Defendant C was employed and worked in the “FGGGG Corresscoo” restaurant adjacent to the said restaurant on September 2, 2013.

[Ground of recognition] Facts without dispute, Gap evidence 1, 8, 9 (including each number; hereinafter the same shall apply), Eul evidence 3 and 45, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. A summary of the assertion 1) The Plaintiff paid 4,137,950 won for the instant restaurant by credit card for E. The Plaintiff did not receive KRW 260,00 from E, which was paid in advance by the Geumcheon District Office. The amount of damages therefrom is the total amount of KRW 8,691,383 [including interest] = KRW 8,212,983 [including interest]’s water supply and drainage fee (including interest), KRW 478,400]. (2) Defendant C transferred to an adjacent restaurant to a neighboring restaurant, thereby interfering with its business, such as cutting off the existing single aggregate customer of the instant restaurant.

The amount of damages resulting therefrom is a total of 136,256,435 won (=damage 73,256,435 won due to interference with business from September 1, 2013 to December 31, 2014, among the above premium amounting to KRW 39,350,000 due to interference with business from September 1, 2013 to December 31, 2014).

3) Defendant B had the nominal owner on the business registration certificate of the instant restaurant, and Defendant C had been working in the instant restaurant prior to the Plaintiff’s acquisition of the said restaurant, and thus, the Defendants are liable to compensate the Plaintiff for the total amount of KRW 144,947,818 (=8,691,383 Won 136,256,435.