손해배상(기)
Defendant C shall not run the beauty room business until June 12, 2023 in the Seodaemun-gu Seoul Metropolitan Government and Eunpyeong-gu area.
1. The facts below the underlying facts may be found, either in dispute between the parties or in accordance with Gap evidence Nos. 2, 5, 6, 9, 11, 12, and 13 and Eul evidence No. 1 (including branch numbers; hereinafter the same shall apply), together with the whole purport of the pleadings, unless there are special references.
Defendant C has operated the beauty art room (hereinafter “instant beauty art room”) of the trade name “G” by leasing one floor of the F building in Seodaemun-gu Seoul.
B. On February 7, 2013, the Plaintiff and Nonparty H (hereinafter collectively referred to as “Plaintiff, etc.”) and Defendant C entered into a contract with the Plaintiff, etc. to jointly operate the instant beauty art room from April 1, 2013 to March 12, 2015, instead of paying KRW 20 million to Defendant C, with the content that the Plaintiff, etc. jointly operated the instant beauty art room from April 1, 2013 to March 12, 2015, and Defendant C bears 40% of value-added tax, global income tax, and monthly rent during the said period and receives 40% of the total sales.
Accordingly, on February 7, 2013, the Plaintiff et al. paid KRW 20 million to Defendant C, and thereafter operated the cosmetic jointly with Defendant C.
C. On June 12, 2013, the Plaintiff, etc. paid KRW 15 million to Defendant C (the KRW 1750,000 among them shall be offset by the Plaintiff, etc.’s claim against Defendant C), and on the same day, the Plaintiff, etc. succeeded to the Defendant C’s lease agreement between Nonparty I, the lessor of the cosmetic shop of this case, and entered into a lease agreement between June 12, 2013 to April 12, 2015 with the lease deposit amounting to KRW 10,000,000,000,000 won and monthly rent, and acquired the facilities and equipment of the cosmetic room of this case from Defendant C.
Plaintiff
From June 12, 2013, Defendant C operated the cosmetic while maintaining the trade name of “G”. Defendant C did not report the closure of business until July 31, 2013 at the request of the Plaintiff, etc. and maintained Defendant C’s name of business registration.
Since then, on August 6, 2013, the plaintiff et al. registered the business under the name of the J, which is the geographical area, but registered the business in the name of the plaintiff on August 29, 2013.