(영문) 서울서부지방법원 2015.11.19 2015가단12614

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(영문) 서울서부지방법원 2015.11.19 2015가단12614

손해배상

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1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts may be acknowledged if there is no dispute between the parties or if Gap evidence No. 1 contains the overall purport of the pleadings.

The Defendant leased the Seodaemun-gu Seoul Metropolitan Government 1 to 3rd floor and operated a restaurant on the first and second floor. On January 10, 2005, the Defendant entered into a consignment management contract with the Plaintiff with respect to the second floor store (hereinafter “instant store”) (hereinafter “instant consignment management contract”).

(1) The Plaintiff shall manage the instant store under the name of the Defendant, and shall pay 2,800,000 won per month to the Defendant.

The plaintiff may establish a store with the prior consent of the defendant, if necessary for the management of the store, but the facility cost shall not exceed 10,000,000 won.

Referencely, the contract shall be terminated if it is impossible to continue the entrusted management due to the plaintiff's illegal act or business.

B. The Plaintiff operated the frequency of the trade name “D” after registering the business in the name of the Defendant at the instant store.

C. On March 27, 2015, the Plaintiff was unable to continue to operate the instant store because the Defendant filed a report on discontinuance of business as to the business of the instant store.

2. The assertion and judgment

A. On March 10, 2015, the Plaintiff asserted that the Defendant reported the loss of the cash card in the account in the name of the Defendant used for business at the instant store without any justifiable reason, so that the Plaintiff could not withdraw sales. On March 27, 2015, the Plaintiff suffered losses due to the Plaintiff’s discontinuance of business by reporting the closure of the instant store. As such, the Defendant, as compensation for damages, is obligated to pay the Plaintiff a total of KRW 41,584,800, including the purchase cost, 33,924,80,800, and the purchase cost, 1,695,000, and the sales amount, 5,965,000, which was not recovered due to the Defendant’s report on the credit card loss, and damages for delay.

B. On March 27, 2015, the Defendant’s store was in the instant case.

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