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(영문) 대전지방법원 2015.01.22 2014노2267
업무방해
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of the grounds for appeal (the mistake of facts or misapprehension of legal principles);

A. The operation of G Co., Ltd. G (hereinafter “G”) personnel restaurant for the Jindo Factory staff (hereinafter “instant restaurant”) (hereinafter “H”), while H Co., Ltd. (hereinafter “H”) is merely engaged in the entrusted meal service in the said restaurant, and the termination in the instant case is not guilty on the ground that there was no duty of being interfered with as much as it had been completed at the time of the instant case.

B. The same does not apply even if they were.

Even if the defendants move the house and cut off gas and drinking water, it is not a crime because it is illegal because it constitutes an emergency evacuation or legitimate act.

2. Determination

A. The following facts are acknowledged according to the evidence duly admitted and investigated by the court below.

1) H is a corporation established for the purpose of food service business, cafeteria chain business, etc., and G is a corporation established for the purpose of refining non-ferrous metals, etc., and G in the F of Jin-si, Jin-si (hereinafter “Win-si factory”).

B) On March 8, 201, H operates the instant restaurant (hereinafter “instant entrusted operation agreement”) with G, which provides meals to the employees of the relevant restaurant in the instant restaurant (hereinafter “instant entrusted operation agreement”).

In particular, “A” and “B” refer to “B” and “H” as follows.

(i) Article 2 (Period and Place of Contract;

1. The contract period shall be from March 10, 201 to March 9, 2012;

The notification of the re-contract shall be notified in writing by A at least one month prior to the termination of the contract and shall be automatically extended for one year unless there is a separate notification.

2. Meal service places shall be the staff restaurant of a G (ju) factory located in the F of the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, the seat of which is Party A;

Article 11 (Termination, etc. of Contracts) A and B shall be as follows:

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