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(영문) 서울동부지방법원 2019.01.29 2018가단108323

손해배상(기)

Text

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) shall pay KRW 35,909,519 to the Plaintiff (Counterclaim Defendant) as well as the Plaintiff from June 23, 2017 to January 29, 2019.

Reasons

1.The facts subsequent to the facts of recognition do not conflict between the parties, or may be acknowledged by adding to the whole purport of the pleadings the entries in Gap evidence 1 to 8, and Eul evidence 1 to 3.

The plaintiff is a company mainly engaged in restaurant and other service business, manufacturing and wholesale and retail business.

B. On December 28, 2016, E Co., Ltd. leased various facilities for each of the rest area (a rest area/LPG charging area) of the said expressway to F, and the F concluded a sub-lease contract with the Defendant on December 28, 2016 with respect to G rest area and H rest area (hereinafter “each of the rest areas in this case”).

C. Around February 2017, the Defendant suggested that the Plaintiff will have a new rest area and that the Plaintiff will have a new rest area. The Defendant introduced the Defendant Company and explained the rest area business through data, etc. as follows.

The Defendant, a food company, operated 15 rest areas (K, L, M, N, O rests, etc.), and 13 gas stations, beginning with J Expressway K rests in 2009.

The term "D Expressway" is adjacent to P, Q, etc. a group of residential areas, consisting of not more than 30 to not more than 40 family members, and the number of consumers is basically guaranteed by the high population increase rate of 4% per annum.

With a large number of visitors to the workplace in the Dongbuk-gu Seoul and Gyeonggi-do, RS has various parks, RTS has many kinds of training facilities and U.S., and there are many military visitors to the military unit. Therefore, the estimated traffic volume after the rest area was calculated as 58,654 daily and 61,659 daily funding under the concession agreement for one year through the opening of the rest area.

원고는 피고와 협의 끝에 이 사건 각 휴게소에 입점하여 토스트와 떡볶이를 판매하기로 하고, V와 가맹점 계약을 체결한 후 2017. 6. 23. 피고와 다음과 같은...