영업금지등
1. The defendant shall not operate a general restaurant business in C by no later than October 12, 2026.
2. The plaintiff.
1. Facts of recognition;
A. On October 12, 2016, the Plaintiff entered into a contract with the Defendant to acquire a general restaurant operated in the name of “E” on the leisure-si D and 1st floor (hereinafter “instant store”) for a premium of KRW 27 million (hereinafter “instant contract”) and paid a down payment of KRW 2.7 million to the Defendant. On October 17, 2016, the Plaintiff paid the remainder of KRW 24.3 million.
B. E is a restaurant equipped with a dissolved product, etc. for the purpose of selling alcoholic beverages, and the Plaintiff is engaged in the same business as the Defendant’s business prior to the conclusion of the instant contract at the instant store as it is, and is supplied with a dissolved product from the Defendant’s spouse F even after the conclusion of the instant contract, which supplied the dissolved product to E prior to the conclusion of the instant contract.
C. On November 7, 2018, where the store of this case is located, the apartment residents in the vicinity are major customers. On November 7, 2018, the Defendant opened a general restaurant with an abstinence, such as bending and drinking, with a trade name of G, for the purpose of selling alcoholic beverages, at a place where approximately five meters away from the store of this case.
[Grounds for recognition] Each entry and video of Gap evidence 1 to 4 (including each number), and the purport of the whole pleading
2. Determination
A. Determination as to the claim for prohibition of competitive business (1) Whether a business transfer exists should be determined depending on whether the transferee continues to engage in the same business activity as the transferor performed by transferring functional property as the source of revenue organized organically (see, e.g., Supreme Court Decision 2007Da89722, Apr. 11, 2008). According to the above facts, the instant contract aims at continuing the same business activity as that of the Plaintiff performed by the Plaintiff after being transferred functional property as the source of profit organized by the Defendant, a general restaurant operated under the trade name “E” at the instant store.