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(영문) 대전지방법원천안지원 2020.04.22 2019가단111604
퇴직금 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Summary of the plaintiff's assertion

A. On December 22, 2018, the Plaintiff concluded a contract with Defendant C to pay KRW 20,000,000 as to the “FC” located in the building D (hereinafter “instant contract”) located in Seoan-gu, Seoan-gu, Seocheon-gu, Seoan-gu, Seoul, which was operated by Defendant C, and concluded a contract to take over the said place of business (hereinafter “instant contract”), and the Plaintiff would be provided with food materials at the same rate of 15% compared to the monthly cost twice a month from Defendant B Co., Ltd. (hereinafter “Defendant Company”).

B. Under the above contract, the Plaintiff received food materials from the Defendant Company until February 12, 2019 while depositing KRW 20,000 as lease deposit to Defendant C through Nonparty G of the building owner and operating the said place of business upon transfer.

C. However, Defendant C unilaterally refused to supply the above food materials with the knowledge of the fact that the Plaintiff, who was in a resistant relationship with himself, was in a teaching relationship with another male, and unjustly obstructed the supply of goods from another Macar business entity, thereby making it impossible for the Plaintiff to operate his business at the above place of business.

As the Defendants refused to implement the instant contract as above, they are liable to compensate the Plaintiff for the damages incurred by the Plaintiff, as well as the Defendant C, the representative director of the Defendant Company, caused damages to the Plaintiff by intentional unlawful act in the course of performing their duties. As such, the Defendant Company is liable for damages to the Plaintiff who is a third party under Articles 389(3) and 210 of the Commercial Act, and the Defendant C, the representative director, also bears the liability for joint tort with the Defendant Company under Articles 750 through 389(3) and

E. The Plaintiff failed to pay the monthly rent of KRW 990,00 and management expenses that the Plaintiff should pay every month due to the Defendants’ above acts, and the amount of said damages is the aggregate of KRW 17,645,962 from February 10, 2019 to March 9, 2020 [the amount of KRW 12,870,000 (the amount of KRW 990,000) x 13 months.

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