경업금지
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Defendant, C, and D invested KRW 20 million in each of KRW 100,00,00,000, and began to operate the health room business in the name of “F” on the Asan City E, 13th floor (the trade name was changed to “G” without distinction before and after the mutual change; hereinafter “instant health pool”); D left the same relation and received KRW 100,000 from the settlement amount; and thereafter, the Plaintiff and C operated the instant health room jointly with the Plaintiff.
B. In 2015, the Plaintiff’s acquisition of the instant healthcare share C sought to withdraw from the club business relationship of the instant helicopter.
Accordingly, the Plaintiff acquired 100 million won shares in the instant healthcare from C, and separately paid 40 million won to the Defendant, and 20 million won out of the above 40 million won was used as the facility cost of the instant healthcare.
C. After the conclusion of the instant agreement, the Plaintiff and the Defendant jointly operated the instant health center. The Defendant agreed to withdraw from the club business relationship, the Plaintiff and the Defendant drafted a contract (Evidence A No. 1) with the following content on February 28, 2018, and the Plaintiff was 2018.
3. From January to April 5, 2018, the Defendant paid KRW 130 million to the Defendant.
(hereinafter “instant agreement”). The parties to the Asan G Business Transfer Agreement enter into a business transfer agreement as follows:
Article 1 The defendant shall transfer to the plaintiff all rights under the lease contract, all of the equipment and sports-related tools, etc. which have existed in the last three months or more, including all tools and sports-related tools, etc., which have been necessary to conduct the business of G business operated in the Asan business area, with the intention of KRW 12,000,000 for the same price, and the plaintiff shall take over them at the same time.
The payment that the plaintiff paid to the defendant under Article 2 shall be terminated the procedure for business succession, and the defendant shall pay 100 million won to the defendant simultaneously with the change of name.