A. The Plaintiff is a non-corporate entity that is comprised of merchants operating stores within the “A market,” which is a traditional market as defined in subparagraph 1 of Article 2 of the Special Act on the Development of Traditional Markets and Shopping Districts in Michuhol-gu Incheon Metropolitan City (hereinafter “The Traditional Markets Act”) (hereinafter “instant market”).

Since 2006, the Plaintiff was designated as a market manager under Article 67 of the former Special Act on the Development of Traditional Markets and Shopping Districts (amended by the Traditional Markets Act, Act No. 10356, Jun. 8, 2010; hereinafter “former Traditional Markets Act”) and managed commercial infrastructure (commercial facilities, common use facilities, convenience facilities, etc.) prescribed in subparagraph 6 of Article 2 of the former Traditional Markets Act in the instant market. On April 10, 2009, the Plaintiff registered the merchants’ circuit as stipulated in Article 65(3) of the former Traditional Markets Act with its business territory, such as the land in the instant market, in the Nam-gu Incheon Metropolitan City E, the land in the instant market.

B. From 2010 to 2010, Defendant B operated a store with the trade name of “F” (hereinafter “Defendant B store”) from among the buildings listed in the attached Table 1 Building List No. 1 owned by Defendant B, and Defendant C (former G store) operated a store with the trade name of “H” (hereinafter “Defendant C store”) from among the buildings listed in the attached Table No. 2 in the instant market from 2011 to July 2017, among the buildings listed in the attached Table No. 2 of the building list No. 1 to 28.5 square meters in the instant market (hereinafter “Defendant C store”).

(A) Nos. 10-1, 2). (c)

In the instant market, the Plaintiff paid public use management fees (commercial facilities, common use facilities and convenience facilities) while managing the said commercial infrastructure (commercial facilities, common use facilities and convenience facilities), and received membership fees for every month from the merchants who belong to the Plaintiff.

Defendant B belonged to the Plaintiff and paid the merchant membership fee to the Plaintiff by October 20, 2010, and withdrawn from the Plaintiff on October 21, 2010.