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Reasons
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(영문) 수원지방법원 2017.08.16 2016가단504311
손해배상(기)
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1. As to KRW 8,716,057 and its KRW 3,398,427 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 1,00,000 from February 18, 2016.

Reasons

1. Evidence 1, A2-1 through 5, A3-1 through 3, A4 through 7, A8-1 through 7, A9, A15, A16, A18, A22, A25 through A27, A29 through A37, A1-1, B-2, B-2, 3-1, B-2, 3-1, 4, B-5, 5, B-7, 8-1 through 3, and the fact-finding results and the purport of all pleadings with respect to the head of the same orchard;

A. 1) The Plaintiff and the Defendant operated the restaurant under the name of “E restaurant (hereinafter “E restaurant” in this case)” in the name of A and Osan City, Osan City. 2) The Plaintiff proposed that the Defendant will operate the restaurant in this case while the Plaintiff was running the restaurant in the physical color of the proprietor of the instant restaurant in order to operate another business place.

3. Around August 2014, the Plaintiff: (a) transferred the instant restaurant business license to the Defendant for a period of two years from September 29, 2014 to September 30, 2016; (b) the Defendant brought profits from the instant restaurant business; (c) the Defendant is responsible for the amount of taxes, such as expenses and value-added taxes paid during the contract period; and (d) the Defendant agreed to pay the Plaintiff KRW 4 million per month to the lessor as deposit and the monthly rent of KRW 3,300,000 per month paid by the Plaintiff to the lessor.

B. As from September 29, 2014, the Defendant operated the instant restaurant, and the Defendant discontinued its business on July 1, 2015.

On the other hand, the Defendant traded during the business period using one bank account in the name of the Plaintiff and C.

C. On July 1, 2015, the Plaintiff made one-time collection of the passwords of one bank account under the Plaintiff’s name. On July 5, 2015, the Plaintiff again made three-time collection of the passwords of one bank account under the Plaintiff’s name, preventing the Defendant from using the existing passwords. On July 8, 2015, the Plaintiff and C changed the passwords of one bank account withdrawals under the name of the Plaintiff and C.

On July 17, 2015, the Plaintiff entered the calculation table in attached Table 1.

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