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(영문) 수원지방법원 2018.02.14 2017나72331

손해배상(기)

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1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. On May 17, 2005, the Plaintiff acquired ownership by selling 103 E-dong 103 (hereinafter “instant store”) among D apartment-type factory complexes comprised of four above ground C in Jung-gu, Seongbuk-gu, Seongbuk-gu (hereinafter “instant factory complex”).

B. The Plaintiff leased the instant store to F around 2007.

C. After that, F transferred the right to lease of the instant store to G, and on September 17, 2010, the Plaintiff concluded a lease contract with G for the instant store.

G From August 17, 2012, from around August 17, 2012, the type of business of G changed without the Plaintiff’s consent and operated a restaurant in the form of a cover of "H".

E. On January 18, 2013, the Defendant, who received a shop from the buyer who was designated as a “multi-cafeteria” among the instant factory complex, received a provisional disposition with the following content (hereinafter “instant provisional disposition order”) from the Plaintiff and F, by filing an application for a provisional disposition, such as prohibition of business, with the Suwon District Court 2012Kahap629 at the instant store, and the Plaintiff did not have accepted the objection against the provisional disposition.

(1) No debtor F and the plaintiff shall operate a restaurant business by using any of the following methods at the stores of this case:

(a) Qua New Composition using day-time meal table;

(b) the distribution and use of food rights;

C. On the basis of a business method with only the principal customer for the persons working in the office in the D building located in Seongbuk-gu, Sungnam-si, or a contract concluded with a specific organization located in the said building, the method of providing differential services to the members of the organization. (2) If the debtor violates the above order, the debtor F per day of the violation and the plaintiff shall jointly and severally pay 500,000 won to the defendant.

F. On May 21, 2013, the Defendant: (a) around May 21, 2013, the Plaintiff and F, among the instant provisional disposition decisions, have the duty of omission in this Court.