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(영문) 수원지방법원 2019.08.22 2018가단17989
손해배상(기)
Text

1. Defendant B’s KRW 784,00 and the Plaintiff’s 5% per annum from July 11, 2018 to August 22, 2019.

Reasons

1. The following facts are acknowledged to the effect that there is no dispute or the entire pleadings, in addition to each macro- documentary evidence.

On February 25, 2014, Defendant B acquired the first floor E of the D Building in Young-gu, Young-gu, Young-si and operated a general restaurant of “F” (hereinafter referred to as “instant restaurant”).

The name of the business operator is jointly registered by the defendants.

The restaurant of this case is classified as a business establishment harmful to juveniles and is prohibited from employing juveniles.

[A] On April 15, 2016, the Plaintiff acquired the right to lease and facilities of the instant restaurant from Defendant B in the amount of KRW 128 million for premium.

(1) The contract deposit of KRW 28 million was agreed to pay the remainder KRW 100 million on April 30, 2016, respectively, at the time of contract.

[Attachment A and hereinafter “instant transfer/acquisition agreement”). On April 25, 2016, the Plaintiff changed the business registration representative of the instant restaurant to the Plaintiff, and thereafter operates the instant restaurant from May 1, 2016.

[A] 2 and 3. On the other hand, on April 3, 2016, at the time of operating the restaurant of this case, Defendant B employed juvenile G (17 years of age, South Korea) as a temporary part-time employee on April 3, 2016. After the conclusion of the transfer contract of this case, Defendant B employed G again on April 17, 2016, which was after the conclusion of the transfer contract of this case, and was found to have employed a juvenile in a business establishment harmful to the same day, and thereby, the employment of April 3, 2016 was discovered retroactively (hereinafter “instant violation”).

[A] From March 21, 2018 to April 23, 2018 to the Plaintiff on the ground of the instant violation

7. A disposition of the suspension of business was issued until 21. (A) The Plaintiff appealed and requested the Gyeonggi-do Administrative Appeals Commission to decide on the revocation of the disposition of the suspension of general restaurant business to the Gyeonggi-do Administrative Appeals Commission under the Gyeonggi-do Administrative Appeals Commission Act by 2018 Gyeonggi-do, but on May 28, 2018 (from July 11, 2018).

9. By August 1, 2018, a ruling to change the business suspension disposition was made, and on June 11, 2018, the head of the interest center notified the Plaintiff (A 5, 5).

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