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(영문) 서울고등법원 2018.01.18 2017나2030536
영업금지 등 청구의 소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The judgment of the court of first instance.

Reasons

1. The reasoning of the judgment of the court of first instance cited the same part of the judgment of the court of first instance as that of the plaintiff's claim against the defendant, except for the dismissal as follows. Thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act

The 4th 9th Myeon of the first instance court's 4th 9th Myeon, "in braille consultation report" shall be deemed as "in braille council", and the "designation of a type of business" at the bottom of 5th Myeon shall be deemed as "type of business".

Part 6 of the judgment of the court of first instance from 2 to 7 of 7 of 7 of 7 of 7 of 7 of 7 of 7 of 7 of 7 of 7 of 7 of 7 of 197

A person shall be appointed.

C. 1) As to the violation of the Defendant’s trade restriction agreement, the following should be considered: (a) although there is a trade restriction agreement in the sales contract at a store; (b) the meaning of the category of business and the scope of business are not separately determined, the prior meaning of the category of business; (c) the business contents of the business generally implemented; and (d) the Korea Standard Industrial Classification Table; and (c) the size of the building where the store is located; (d) the degree of formation of a business district; and (e) the situation of neighboring business types (see, e.g., Supreme Court Decision 2006Da63747, Sept. 21, 2007). The evidence mentioned above and evidence Nos. 5-2, B, and 3 through 13 (including serial numbers); and (e) the Defendant’s “I” type of business operated by the Defendant is determined by comprehensively taking into account the following facts: (e) food sales, such as the Plaintiff and the Plaintiff’s new coffee, etc., and (e., 1) the Defendant’s 1) new tea and Ka., etc., sold.

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