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(영문) 부산지방법원 2020.01.22 2019나50113

손해배상(기)

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

In the first instance court, the plaintiff filed a claim for damages against the defendants due to nonperformance.

The first instance court accepted part of the claim against Defendant B, and dismissed all of the claim against Defendant C.

As to this, the Plaintiff filed an appeal only against the claim against Defendant C among the part against which the Plaintiff lost.

Therefore, the subject of this Court's adjudication is limited to the claim for damages against the defendant C who appealed by the plaintiff.

The reasoning of the court of the first instance’s explanation concerning this case is as follows: (a) the Plaintiff added the following contents to the 8th 14th 14th son of the first instance judgment; and (b) other than the following determination as to the assertion that the Plaintiff added in the trial, the grounds of the first instance judgment are as stated in the main sentence of Article 420 of

(4) In addition to the judgment of the court of first instance, the Plaintiff asserted that the Plaintiff had a duty to exclusively be supplied with food materials supplied by the Plaintiff pursuant to Article 15(1) as the Defendant entered into a franchise agreement with the Plaintiff and operated G points, but should compensate the Plaintiff for damages because the Plaintiff violated the obligation to exclusively be supplied with food materials supplied by the Plaintiff pursuant to Article 15(1). Accordingly, the Defendant transferred the instant store amounting to KRW 260 million and used it for more than 70,000,000,000,000 won, which was transferred to the Plaintiff at almost similar time, and used for the same kind of business as another trade name after the termination of the franchise agreement. Even if the Plaintiff’s damage claim is recognized, the Plaintiff’s damage claim is recognized, the Plaintiff is different from the above Defendant.