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(영문) 서울중앙지방법원 2016.03.18 2014나16851
손해배상 등
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. Basic facts

A. From November 201, the Defendant is running a public bath business from around 2011 to the trade name (i.e., a trade name change to “Frona”; hereinafter “the instant private house”).

B. On November 1, 201, the Plaintiff entered into a service contract with the Defendant and the Plaintiff’s operating the restaurant (hereinafter “instant service contract”) with the name of “G” during the period of 12 months from November 1, 2011 to November 1, 2012, including KRW 30,000,000, monthly management expenses, and KRW 1,000,000, monthly management expenses (hereinafter “instant service contract”). From that time, the Plaintiff operated the restaurant (hereinafter “instant restaurant”) with the name of “G”).

C. The Defendant, while having the Defendant operate the instant private letter by having the Defendant’s father, H, the father of the Defendant, employed I as the head of the management headquarters, and entrusted the overall management of the said letter.

The Plaintiff and I had a dispute over the operation of the above restaurant and filing a complaint with the police several times. On November 2, 2012, the Plaintiff returned KRW 30,000,000 from the Defendant and suspended the operation of the above restaurant.

[Reasons for Recognition] Unsatisfy, Gap evidence 1-1 and 2-2, the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. According to the special terms and conditions of the instant service agreement, the Plaintiff and the Defendant could not participate in the Plaintiff’s restaurant operation. However, the Defendant violated the said contract by participating in the Plaintiff’s restaurant business through I, one’s agent. (2) Notwithstanding that the contract term stipulated in the instant service agreement is up to November 1, 2012, the Defendant, despite the fact that I expressed against the Plaintiff as of October 7, 2012, is silenting that I made the said contract term against the Plaintiff, or sending a content-certified mail based on the said I’s assertion against the Plaintiff.

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