beta
(영문) 춘천지방법원 강릉지원 2018.11.21 2018가단2499

손해배상

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. The Plaintiff asserted that the Plaintiff provided meals to the employees of the Defendants company and the employees of the said construction site during the period from July 2017 to December 2017. On the last day of each month, the Defendants filed a claim for the monthly food supply against the Defendants. However, as shown in the attached Table [Attachment], the Plaintiff did not pay a part of the amount late or pay a part of the amount.

As above, the Defendants failed to pay food materials purchase cost, rent, personnel expenses, gas charges, electricity charges, etc. As a result, the Plaintiff was unable to engage in restaurant business due to the suspension of gas supply due to the nonperformance of gas charges.

Accordingly, the Plaintiff from January 15, 2018 to the same year.

3. A person who did not operate a restaurant even though he was selected as a police meal service center by the end of 20.20, resulting in a loss of operating income equivalent to at least 32,760,000 won (at least 80 persons x 7,000 won x 3 x 30 percent of net operating profit).

The Defendants are liable to compensate the Plaintiff for the said damages.

2. Determination as to a claim against Defendant Hyundai Public Construction

A. In full view of the facts in which there is no dispute between the parties to the facts of recognition and the purport of the entire pleadings, the following facts may be recognized:

(1) The Plaintiff operated a restaurant with the trade name of “C” on the level B and 1 of Gangseo-si, and the Defendant Hyundai Public Construction Co., Ltd. (hereinafter “Defendant Hyundai Public Construction”) contracted the construction work of the new construction work of Gangseo-si from the Busan Special Metropolitan City Construction Industry Co., Ltd.

during the period from July 2017 to December 2017, the Plaintiff agreed to provide meals to the employees of the Defendant Hyundai Public Construction and the employees of the said construction site, and to receive one-month food for the said Defendant at the end of each month, but the Defendant Hyundai Public Construction agreed to receive one-month food for the said Defendant. However, as shown in the attached Table [Attachment] No. 1, some amount of the Defendant Hyundai Public Construction is delayed or not paid.

(hereinafter referred to as “the food of this case”). 【Defendant Hyundai Public Construction” means construction.