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(영문) 대전고등법원 2017.11.14 2017나11443
영업금지등청구의 소
Text

1. All appeals filed by plaintiffs A, C, and D and the defendant are dismissed.

2. The costs of appeal shall be those resulting from the participation in the appeal;

Reasons

1. Quotation of judgment of the first instance;

A. The reasoning for the court’s explanation concerning the instant case is as follows.

As mentioned above, each part of the judgment of the court of first instance is dismissed, and the following is added.

Except for adding the same content to Chapter 22, Chapter 7, the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, and such content is quoted in accordance with the main sentence of Article 420 of the

(b) The height of the part Nos. 10, 9, "this Court" in the part No. 10, 16, 13 to "the court of first instance", and the part No. 18, 17, and 18 to "the sale in lots" in the part No. 10 to "the sale in lots" in the part No. 16, 17, and 18 to "the court of first instance" in the part No. 20 to "the court of first instance", and the part No. 22, 8, 100 to "(5)" to "(6).

C. In addition, “(5) the Defendant participated in the first and second agreements of this case, and V and AB asserted that the effect of the first and second agreements of this case extends to Plaintiff B because they had the comprehensive power of attorney on the relative exemption from the trade restriction agreement of this case, and thus, considering the overall purport of the pleadings in each of the statements in the evidence Nos. 46 through 48, the following facts are considered as follows: although V and AB were present at the meeting of the shopping district autonomy committee of this case, it is insufficient to recognize the fact that V and AB obtained the comprehensive power of attorney on the relative exemption from the trade restriction agreement of this case from Plaintiff B, and there is no other evidence to acknowledge this differently.”

2. If so, the judgment of the court of first instance is legitimate, and all appeals by plaintiffs A, C, and D and the defendant are dismissed. It is so decided as per Disposition.

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