beta
Text
1. The plaintiff's appeal and the defendants' appeal are all dismissed.
2. The costs of appeal shall be borne by each party.
purport, purport, and.
Reasons
Facts of recognition
On February 16, 2015, the Plaintiff: (a) leased the instant shopping mall No. 113 (hereinafter “instant shopping mall”) from J as the leased deposit amounting to KRW 50 million; and (b) operated a restaurant (hereinafter “Plaintiff restaurant”) by posting the signboards “F” by hiring Defendants as employees on March 2, 2015, with the location of the said shopping mall as the location of “E”); and (c) operated the said restaurant (hereinafter “Plaintiff restaurant”).
On April 2016, the Plaintiff entered into an agreement with the Defendants that “the Defendant is in charge of cooking and operating the Plaintiff restaurant’s food and store, and in return, the Plaintiff shall pay the Defendants an amount remaining after excluding operating expenses, such as 1,300,000 won and 1,30,000 won out of monthly sales, and material costs, rent, employee wages, and management expenses (hereinafter “instant agreement”). From around that time to September 2016, the Plaintiff paid the Defendants an amount excluding KRW 1,30,000 from the net income of the Plaintiff restaurant each month.
(B) Nos. 1 and 3. On July 20, 2016, Defendant C leased part of 108 and 109 of the first floor of the instant building from K, etc., and on the 25th day of the same month, Defendant C reported the business registration and food service business registration under Defendant C’s name concerning the restaurant business (hereinafter “Defendant restaurant”) using the trade name as “G” as part of the said 108 and 109.
(A) On September 2, 2016, the Plaintiff terminated the instant agreement on the grounds that “the Defendant prepared the opening of the Defendant restaurant with the same food on the same floor as the Plaintiff restaurant, and thereby caused interference with the Plaintiff restaurant business.” On September 23, 2016, the Defendant changed the trade name of the Defendant restaurant to H “H”, and then, the Plaintiff’s restaurant as “I” by employing the part-time students of the Plaintiff restaurant from October 1, 2016 to “I”.