경업금지 등 청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. The Defendant is a person who operated a cosmetic room in the name of “DH shop” at the Songpa-gu Seoul Metropolitan Government E building and F (hereinafter “instant store”).
B. Around July 2017, the Plaintiff drafted a “unusedd right contract” as to the instant store with the Defendant, and the said contract contains the amount of KRW 20 million, KRW 15 million, KRW 20 million, KRW 15 million, KRW 2 million, and KRW 2 million for down payment.
7. The balance shall be calculated; and
C. On July 29, 2017, the Defendant received premium of KRW 15,500,000 from the Plaintiff (hereinafter “the instant premium”) and prepared and issued “the receipt for the premium” to the Plaintiff, and “the receipt for the premium.”
(2) the principal
Details are as follows:
Daily gold : 15,500,000 Won: floor rights - The floor area - the interior cost with two partitions in one column - the painting and the value of signboards used for beauty art
D. From August 3, 2017, the Plaintiff operates an beauty room with the trade name “G” at the instant store.
From August 17, 2017, the Defendant operates the beauty shop in Songpa-gu Seoul, 500 meters away from the instant store and approximately 500 meters, using the trade name “DH shop”.
[Grounds for Recognition: Facts without dispute, Gap evidence 1, 2, Gap evidence 4 through 7, the purport of the whole pleadings]
2. On July 29, 2017, the Plaintiff’s summary of the Plaintiff’s assertion: (a) transferred from the Defendant a beauty room called “DH shop” (hereinafter “instant beauty room”) operated by the Defendant at the instant shop in KRW 15,50,000; and (b) operated a mutual beauty room as from August 3, 2017 to “G”.
However, the defendant, after transferring the cosmetic of this case to the plaintiff, started to run a cosmetic at a place less than 500 meters away from the cosmetic of this case. Based on Article 41 (1) of the Commercial Act stipulating the duty of the transferor of the business to prohibit the competitive business, the defendant seeks payment of KRW 10,000,000 for the cosmetic business and consolation money.
3. Determination
(a) Article 41(1) of the Commercial Act of the relevant law;