beta
(영문) 부산지방법원동부지원 2016.05.18 2016가단3371

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Summary of the plaintiff's assertion

A. The Plaintiff, with the Defendant, established a Chinese restaurant by investing funds, and the Defendant concluded a partnership agreement with the content that, in the Chinese restaurant opened by the Plaintiff, the Plaintiff operated the business by making food in the Chinese restaurant established by the Plaintiff and then divide its profits into half.

B. The Plaintiff registered his business under the name of the Plaintiff on August 25, 2015, and opened and operated a Chinese restaurant with approximately KRW 50 million until now. However, the Defendant became eventually closed due to the fact that there were many days in which the Plaintiff did not properly work, and that it did not make food due to the fact that the Plaintiff did not work properly, or that it does not take food on board.

C. The reason why the Chinese restaurant, which was to run the same business, eventually closed, is that the Defendant is liable to compensate the Plaintiff for damages, for approximately KRW 50 million invested by the Plaintiff.

2. The Plaintiff’s above assertion cannot be accepted for the following reasons.

There is no evidence to deem that the Plaintiff agreed to operate a restaurant with the Defendant and China.

(B) The defendant asserts that he is only an employee employed by the plaintiff.

Even if the contract was concluded between the Plaintiff and the Defendant as claimed by the Plaintiff, the Defendant did not work properly.

There is no evidence to deem that the food was not made properly.

C. In addition, there is no evidence to acknowledge that China restaurant closed the door due to the Defendant’s failure to execute the Dong business contract, and that the Plaintiff’s damages amount to KRW 50 million.

3. The plaintiff's claim for the conclusion is dismissed as it is without merit.