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(영문) 대전지방법원 2016.05.13 2015나106262
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons stated by the court in this part are the basis for the judgment of the first instance court.

Paragraph (1) “A between the Defendant’s Korea Development Bank Co., Ltd. (hereinafter “Korea Development Bank”) and the Defendant’s Korea Development Bank (hereinafter “Korea Development Bank”) shall take the place “ between the Defendant’s Korea Development Bank and the Defendant’s Korea Development Bank through Defendant B, on behalf of the F branch office of the Korea Development Bank Co., Ltd. (hereinafter “Korea Development Bank”).

The following shall apply to paragraph (c):

subsections and d.

The paragraph shall be added, and except for adding evidence Nos. 2 and 7 to [based grounds for recognition], it shall be cited by the main sentence of Article 420 of the Civil Procedure Act as it is because it is the basic fact of the judgment of the first instance.

C. On June 30, 201, the Plaintiff is in accordance with the instant contract.

The J point was opened to the store in the subsection (hereinafter referred to as “J point”).

On the other hand, when entering into each of the above paragraphs (a) and (b), G representing the plaintiff.

2. The plaintiff's assertion

A. Defendant B’s tort committed by Defendant B by deceiving G as follows and caused the conclusion of the instant contract. As such, Defendant B is liable for tort against the Plaintiff on the ground that the Plaintiff suffered serious damages in relation to the operation of convenience stores.

1) Defendant B made a false or defective statement to the effect that the daily sales volume of E at the time when H was operated by H is KRW 1,300,000 for convenience store establishment year, KRW 1,700,000 for the second year, KRW 1,90,000 for the third year, and KRW 1,90,000 for the third year. Defendant B made a statement to the effect that “The previous I franchise store located within a distance of 100 meters from E store is scheduled to be closed, and there is no other competition company’s franchise store located within a distance of 100 meters from the surrounding area, and that exclusive profits are high.” The Plaintiff was newly established at a distance of 127 meters from J point on July 31, 201 after the date when the Plaintiff set up a J point and then established K points at a distance of radius of 127 meters from J point on July 31, 201.

It is the duty of disclosure under the good faith that Defendant B did not inform the Plaintiff of the fact that K points are newly established at a place less than 127 meters away from reflect.

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