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(영문) 서울서부지방법원 2016.05.12 2015가단248048
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff, without dispute, operates a three-story of Mapo-gu Seoul Metropolitan Government C building, a mutual beauty art room (hereinafter “instant beauty art room”), and the Defendant entered into a contract with the Plaintiff on commission of a professional DNA (hereinafter “instant commission contract”) between July 1, 2014 and July 18, 2015, and provided beauty art services at the above beauty art room.

2. The Plaintiff asserted and determined that the Defendant agreed not to transfer or start up a business to the same industry within 3 km from half of the beauty room of this case for one year after the contract term and termination of the contract under the instant commissioning contract, but the Plaintiff breached the instant commissioning contract by starting a beauty room at a distance of 650 meters from 650 meters from the beauty room of this case after the contract termination. The Plaintiff claimed compensation for damages against the Defendant for KRW 30,000,000 as a compensation for damages, but there is insufficient evidence to acknowledge that the Defendant violated the contract by starting a nearby beauty room and the amount of damages therefrom reaches KRW 30,00,000,00, as alleged by the Plaintiff, and there is no reason to acknowledge otherwise.

3. The plaintiff's claim is dismissed.

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