손해배상(기)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The court's explanation on this part of the basic facts is the same as the corresponding part of the judgment of the court of first instance, and thus, citing this as it is in accordance with the main sentence of Article 420 of the
2. Determination as to the cause of claim
A. As to the assertion of tort such as non-payment of profits and room management, the Plaintiff’s assertion that the Defendants paid profits to the Plaintiff in accordance with the terms of the instant agreement, and did not perform this despite having to allow perusal of business and accounting data, such as providing the screen of buried CCTV and sales information, and operated the instant singing practice room only by taking advantage of Defendant C’s female and Defendant B’s father. 2) The Defendants did not pay money to the Plaintiff under the pretext of distributing profits to the Plaintiff, and there was no dispute between the parties that the Defendants had Defendant C’s female and Defendant B’s father work as an employee of the instant singing practice room.
However, even though the Defendants did not distribute profits in running a karaoke machine of this case, the Defendants did not distribute the profits.
The Plaintiff’s assertion on this part is without merit, inasmuch as there is no evidence to support that the Defendants violated the instant club business agreement by blocking the Plaintiff’s access to the buried CCTV screen and sales information, and that the Defendants operated the instant singing practice room only through the said employees.
B. As to the assertion of tort caused by deception related to premium, the Defendants asserted that the Plaintiff paid KRW 15,00,000 as premium to the former lessee even though there was no premium for the store of this case at the time of the instant club agreement. 2) According to the written evidence Nos. 3 and 9 of the judgment, the amount of KRW 263,880,000 as premium in the instant club agreement includes KRW 15,000,000 as premium, which is the total amount of investment in KRW 263,880,000 as premium in the instant club agreement, and the Plaintiff is subject to this case around 2016.