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(영문) 서울고등법원 2017.03.08 2016나2065382
손해배상
Text

1. The plaintiff's appeal and the claim added in the trial are all dismissed.

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

Reasons

1. Basic facts

A. E’s contract for the supply of food materials 1) Plaintiff’s father E is the F Co., Ltd. (hereinafter “F”) around 1996

C Highway restings (hereinafter referred to as “C Rests”) operated by the F from around that time, entering and operating by the F.

(2) On October 3, 2012, E retired from office, and retired from office at the end of 2012, E entered into a contract on the supply of food materials at the price of C at the 28% of the sales price, with the business operator registered under the name of C G on October 3, 2012 (mutual name H) and the supply of food materials to C at the price of C at the 20-22% of the sales price by C Co., Ltd. (hereinafter “D”) with the experience of supplying food materials to C Coppers at the rest of C (hereinafter “D”).

B. Defendant’s participation in the supply of food materials 1) From around 1995, the Defendant became aware of the fact that he was in charge of supplying food materials to D’s employees at C’s rest areas, and as seen above, D immediately delivered food materials to C’s shutner at C’s rest areas, even if food materials are supplied to C’s shutner at C’s rest areas, and the Defendant was in charge of the actual duties. 2) E hired and managed another company after his retirement from F, and C’s rest areas inspected the supply of food materials at C’s rest areas or inspected documents work.

C. On August 1, 2015, H changed the name of a business operator to the Plaintiff on or around August 1, 2015. (2) A rest area was pointed out as to the supply of food materials from H, an intermediate distributor, rather than direct trade in internal audit, and notified, on or around September 2015, H’s transaction with H was terminated. Accordingly, H’s provision of food materials was terminated.

The defendant's money acceptance.

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