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(영문) 서울남부지방법원 2017.11.09 2016가합105863
손해배상(기)
Text

1. The Plaintiff, Defendant A and B jointly share KRW 19,350,929, Defendant C’s KRW 2,714,991, and Defendant C’s stock company.

Reasons

1. Basic facts

A. 1) The Plaintiff is a company with the purpose of distribution and logistics business (general wholesale and retail business, resting area, etc.). 2) Defendant A Co., Ltd. (hereinafter “Defendant A”) is a company with the purpose of operating the rest area of an expressway, etc., and Defendant B is the representative director of Defendant A.

3) Defendant C is a person engaged in the wholesale business of food and other processed food with the trade name of “D”. 4) Defendant AB Co., Ltd. (hereinafter “Defendant AB”) is a company whose purpose is coffee store business.

B. The relationship between the association of resting facilities and the Defendants is 1) The Korea Expressway Facilities Association, an incorporated association (hereinafter “Temporary Facilities Association”).

Around July 20, 2013, the Korea Highway Corporation established a F Stande-si E (hereinafter referred to as “instant Stande-si”) among the F Stande-si (hereinafter referred to as “Sande-si”).

(2) Around September 1, 2015, Defendant A entered into an agreement with the Association of Rest Facilities to supply and sell rest areas with the content of manufacturing, supplying, etc. of food, etc. at a restaurant, aquaculture, Do, Dong/Dong (hereinafter “instant restaurant”) within the instant resting area.

Defendant A and the Association of Rest Facilities set the term of the agreement from September 1, 2015 to the end of the temporary operation of the rest area in this case by the Association of Rest Facilities.

Defendant A operated a restaurant at the store at the store.

3) On February 27, 2015, Defendant C is an open store for the instant rest area (hereinafter “instant open store”) with the association of resting facilities around February 27, 2015.

In this regard, an agreement on on-site production and supply of food was concluded.

The defendant C and the Korea Expressway Association decided the operation period in the above agreement until February 28, 2016, and decided that the operation period between the association of resting facilities and the Korea Expressway Corporation will be automatically terminated if the operation contract between the association of resting facilities and the Korea Expressway Corporation terminates.

Defendant C is an open store outside of this case.

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