손해배상(기)
1. The Defendants shall jointly and severally serve as KRW 10,00,000 on the Plaintiff and as a result, from November 12, 2016 to February 2, 2018.
1. Basic facts
A. Defendant B registered his business under his name, and operated a restaurant (hereinafter “instant restaurant”) with the name of “H”, from around 2013 to November 2015, by leasing part of the first floor store of the building located in Gwangju-gu G from around 2013 to around 2015, along with Defendant C, who is his husband.
B. On November 24, 2015, the Plaintiff agreed with the Defendants to take over KRW 20,000,000 premium in the business district (the trade name, signboard, telephone number, facilities, equipment, and fixtures of the restaurant) of the instant restaurant (hereinafter “instant agreement”). On the same day, the Plaintiff transferred KRW 5,00,000, and KRW 15,000,000 on December 1, 2015 to Defendant B, respectively. Around that time, the Plaintiff entered into a lease agreement with the owner of the instant restaurant and operated the instant restaurant without changing the trade name, signboard, and inside structure and facilities of the store.
On August 31, 2017, the Plaintiff closed the business of “H” and changed the type of business to a window dressing business. However, even until now, the Plaintiff runs the business of processing and selling “H” at the same store.
C. On November 10, 2016, E entered into a store contract in the Dong-gu, Gwangju, the volume of which E is less than 10 meters away from the instant restaurant, and the location of the franchise store in the Dong-gu, Gwangju.
In this context, Defendant C’s face image is part of the business mark.
Since that time, E entered into a franchise agreement with the contents of its business, E operated a restaurant that sells satisfaction with the trade name of “J” at the same place.
The Plaintiff filed a provisional disposition against the Defendants with the Gwangju District Court No. 2016Kahap50422 against the Defendants to seek a prohibition of running a sprink in the vicinity of the instant restaurant. On January 12, 2017, the said court conducted a restaurant business selling sprinks within the radius of 100 meters from the instant restaurant, or conducted a restaurant business selling sprinks within the radius of 100 meters from the instant restaurant.