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(영문) 수원지방법원성남지원 2017.07.19 2016가단222247
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On May 17, 2005, the Plaintiff acquired ownership by selling 103 E-dong 103 (hereinafter “instant store”) among D apartment-type factory complexes comprised of four above ground C in Jung-gu, Seongbuk-gu, Seongbuk-gu (hereinafter “instant factory complex”).

B. The Plaintiff leased the instant store to Nonparty F around 2007.

C. F transferred the right to lease of the instant store to Nonparty G, and the Plaintiff concluded a lease agreement with G on September 17, 2010.

G From August 17, 2012, from around August 17, 2012, the type of business of G changed without the Plaintiff’s consent and operated a restaurant in the form of a cover of "H".

E. On January 18, 2013, the Defendant, who received a shop from the buyer who was designated as a “cafeteria” among the instant factory complex, had the Plaintiff and F, operated the cafeteria at the instant store, and filed an application for provisional disposition such as prohibition of business, etc. with the Suwon District Court Sungnam Branch as the head of Sungwon District Court 2012Kahap629, and received a provisional disposition order (hereinafter “instant provisional disposition order”), and the Plaintiff did not raise any objection thereto, but did not accept it.

The debtor F and A (referring to the plaintiff of this case; hereinafter the same shall apply) shall not operate a restaurant business by using any of the following methods at the store of this case:

(a) Qua New Composition using day-time meal table;

(b) the distribution and use of food rights;

(c) On the basis of a business method with only the principal customer for the persons working at the office in the D building located in Seongbuk-gu, Sungnam-si, or a contract concluded with a specific organization located in the said building, where the business method debtors providing differential services to the members of the organization violate the above order, the obligor F per day of the violation, and A, jointly and severally, shall be paid to the creditors (the defendant of this case) each 500,000 won.

F. On May 21, 2013, the Defendant: (a) around May 21, 2013, the Plaintiff and FF made the instant provisional disposition decision in this Court.

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