손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On August 2017, the Plaintiff asserted that the Plaintiff purchased “C” of the golf Formula 2 (C) system manufactured and sold by the Defendant from a mid-to mid-term high-ranking businessman.
In order to conduct a business by using “C”, the buyer applied for the connection of “D services” (hereinafter “D Connection Application”) to the Defendant, and the Defendant consented thereto. From September 2017, the Defendant refused the application for D Connection from the previous B business operators to the present date on the grounds of the non-compliance of the former B business operators.
The defendant consistently explained that the business operator does not refuse the application for the connection of the "D Services" except in cases where there is or is doubt that the business operator has engaged in illegal business by using the "C". Thus, the defendant's refusal of the DNA connection application constitutes a tort as a deceptive act, and is illegal as it is obviously contrary to the principles of good faith and the existing reasonable commercial practices.
The Plaintiff purchased “C” to operate a screen golf business, leased a commercial building, and performed facilities and interior works.
Therefore, the Defendant is liable for compensating the Plaintiff for damages caused by the Plaintiff’s purchase cost (hereinafter “C”), the leased commercial building’s rent, facility, and interior work cost), the shutdown damage, and the mental suffering.
2. Determination
A. The evidence submitted by the Plaintiff alone is insufficient to confirm when the Plaintiff applied for the DNA connection to the Defendant, and it is difficult to confirm when and when the Defendant refused it, and there is no evidence to prove that the Defendant explained that he would not refuse the DNA connection application, except in extenuating circumstances.
In addition, each statement of Gap evidence Nos. 2 through 5 alone is insufficient to recognize that the plaintiff actually suffered the loss, and there is no other evidence to acknowledge it otherwise.
(b).