영업방해에 기한 수익금 손해배상
The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
The purport of the claim and the purport of the appeal are the judgment of the first instance.
1. The Plaintiff, based on the trade name from July 16, 2018 to “C”, was engaged in the business of selling or selling goods, such as household goods, ancient art works, books, etc. on consignment, or selling or selling them at auction. On September 30, 2018, the Plaintiff closed the said business.
The defendant was pronounced not guilty on December 19, 2019, the Daegu District Court 2019 High Court 807 decided on December 19, 2019, and the judgment dismissing the prosecutor's appeal under the Daegu District Court 2019No. 5130 decided November 27, 2020 and became final and conclusive around that time, on the grounds that "the defendant interfered with the plaintiff's auction place business by force until November 11, 2018, by force, from the time when he was under the influence of force, such as obstructing the progress of the auction by drinking in the above C auction place, and harming the customers from taking a bath while talking them," and that "the defendant interfered with the plaintiff's auction place business by force" was without proof of crime.
The Plaintiff filed a lawsuit against the Defendant seeking damages equivalent to expenses, such as the cost of obstruction of business from August 9, 2018 to November 11, 2018, as the Daegu District Court Decision 2018 Agu District Court Decision 58169, the Plaintiff filed a lawsuit against the Defendant, and the Plaintiff was pending in the appellate trial as the Daegu District Court Decision 2019Na8366 on the instant case (hereinafter “the instant case No. 1-related case”) and rendered a judgment against the Plaintiff on January 13, 2021.
The Plaintiff filed a lawsuit against the Defendant, as Daegu District Court 2019 Agu District Court 2927, seeking damages equivalent to the lost income and medical expenses incurred by the Defendant’s act of injury, and the said court rendered a judgment in favor of the Plaintiff on November 20, 2019.
As to this, the Plaintiff filed an appeal with the Daegu District Court No. 2019Na8359 (hereinafter “the instant lawsuit”) and the relevant lawsuit No. 2 became final and conclusive on December 2, 2020 by a judgment in favor of the Plaintiff.
[Grounds for Recognition] Unsatisfy, Gap Nos. 1, 2, 21, 31 to 31.