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(영문) 수원지방법원 2014.09.18 2013나35730
손해금등
Text

1. All the claims of the Plaintiff (Counterclaim Defendant) filed by the Plaintiff (Counterclaim Defendant) for an appeal and the trial.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. The court's explanation on this part of the facts of recognition is the same as the statement of Paragraph 1 of the judgment of the court of first instance. Thus, this part is cited by the main text of Article 420 of the Civil Procedure Act.

2. Determination as to the claim on the principal lawsuit

A. The plaintiffs' assertion is the subject of management and supervision of the fishery product sales ledger of this case. Under Articles 27(1) and 8 and 16 of the Defendant's Articles of Incorporation, the Defendant shall maintain and manage the fishery product sales ledger of this case in compliance with the purpose of permission to occupy and use the fishery product sales ledger of this case by fulfilling his/her duty of care as an employer. The Defendant shall ensure that the matters stipulated in each contract of this case and the

However, the Defendant violated the duty of management and supervision pursuant to each contract, etc. of this case by neglecting the act of cooking and selling alcoholic beverages in violation of the purpose of permission to occupy and use the fishery products of this case and matters to be observed by the winners, etc. on the first floor of the fishery products of this case. Accordingly, the Plaintiffs were unable to properly operate the second floor F.

Therefore, the Defendant is obligated to compensate the Plaintiffs for business losses from January 1, 201 to December 31, 2012, from which the Plaintiffs suffered as a result, and the acquisition price of business facilities incurred by the Plaintiffs while acquiring each of the instant buildings, and damages, such as separate management expenses collected by the Defendant from the Plaintiffs. Even if each of the instant contracts constitutes a lease agreement, the Defendant, a lessor, was obligated to allow the Plaintiffs, a lessee, to use and benefit from the leased object in accordance with its purpose of use, but did not perform it. Therefore, the Defendant is obligated to compensate the Plaintiffs for the said damages.

B. First of all, we examine whether the defendant is obligated to control and control the cooking and selling of alcoholic beverages by supervising the members of the first floor.

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