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(영문) 서울중앙지방법원 2019.06.21 2018가단5230932
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of the building C (the instant store), and D leased the instant store from the Plaintiff and operated the restaurant.

F, which operated a cafeteria in the building E, violated D's business interests against D and the plaintiff, etc., and filed an application for provisional disposition such as prohibition of business, etc. with the Suwon District Court 2012Kahap629.

On January 18, 2013, the above court rendered a decision of provisional disposition (the decision of provisional disposition of this case) with the following contents.

2. D. The Plaintiff shall not operate a restaurant business by using any of the following methods at the store of this case:

(a) Qua New Composition using day-time meal table;

(b) the distribution and use of food rights;

(c) Business methods providing differential services to the members of an organization based on a business method with only the principal customer of persons working in the office in the building in Seongbuk-gu Seoul Special Metropolitan City or a contract concluded with a specific organization located in the building;

5. D. If the Plaintiff violated the above order, D. daily violation D, and the Plaintiff shall jointly and severally pay 500,000 won to the Defendant.

B. From February 5, 2013 to May 11, 2013, F applied for the grant of execution clause to Suwon District Court Sungnam Branch on Paragraph 5 of the instant provisional disposition order on the ground that D violated Paragraph 2 of the instant provisional disposition order at the store in this case, and the said court assistant granted execution clause upon the order of the judicial assistant officer on June 4, 2013.

C. The Plaintiff filed a lawsuit against F regarding an objection to the grant of the execution clause as the head of Suwon District Court Branch 2013Kadan213082.

On October 30, 2014, the above court: (a) made a Mere Newcom using the day meal table to provide customers with a pre-printed name consisting of KRW 4,000 for each customer and to allow customers to provide meals on their own food services.

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