영업금지 청구의 소
1. Until March 5, 2028, Defendant B shall not engage in the heavy restaurant business within the Chuncheon City except for the Ddong in Chuncheon City.
1. Facts of recognition;
A. On February 23, 2018, Defendant C, on behalf of Defendant B, entered into a contract with the Plaintiff on the part of Defendant B, under which he/she would transfer to the Plaintiff the right to the intermediate restaurant (hereinafter “F”) in the name of “F” on the part of the Plaintiff, Switzerland E and 1st floor (hereinafter “instant contract”).
B. The main contents of the instant contract are as follows.
1) Total premium: 40 million won (a contract deposit of KRW 26 million shall be paid at the time of a contract, and KRW 5 million shall be paid in the intermediate payment on April 5, 2018, and the remainder of KRW 5 million shall be paid in May 5, 2018, and the remainder of KRW 4 million shall be paid in June 5, 2018) 2) transfer scope (such as facility, etc.): All facilities and equipment within a commercial building, trade name, telephone number, 2-to-face, general telephone, Internet, card terminal, G, and water purifier shall be transferred to the assignee.
3) Terms and conditions of the lease of an object to be transferred or taken over: Matters to be included in the lease contract amount of the object that the transferor currently holds (based on February 25, 2018), including the business obligations of the transferor (based on February 25, 2018), and the payment of KRW 5 million in cash on March 5, 2018, including the payment of KRW 500,000,000 on a monthly rent of KRW 60,000,000 from November 15, 2017 to November 14, 2019).
(5) The transferee agrees to use the same trade name (F) at the time the transferor opens a new store in Ddong. (c) The Plaintiff paid all the premium pursuant to the instant contract to Defendant B. On March 6, 2018, the Plaintiff completed business registration for the establishment of a restaurant in the instant case as its place of business and operated a restaurant in the name of “F” from around that time after completing business registration for all the facilities, equipment, etc. of the instant restaurant in the instant case from the Defendants. 【No dispute over the grounds for recognition, the Plaintiff did not have any grounds for recognition, and written evidence Nos. 1, 2, and 1, 2, and 1, and the purport of the entire pleadings, as a whole.
2. The assertion;
A. The Plaintiff’s contract of this case from Defendant B through the instant contract.