2. The defendant.

A. From July 7, 2014, the Defendant operated a coffee store (hereinafter “instant coffee store”) with the trade name F from the first floor of the building located in Gangnam-gu, Seoul (hereinafter “Seoul”). On July 24, 2015, the Plaintiff entered into a contract with the Defendant to acquire all rights for business, such as goodwill, facilities, fixtures, and money collection of the instant coffee store at KRW 20,000,000, the remainder of KRW 185,000,000, total acquisition amount of KRW 205,000,000 (hereinafter “instant acquisition agreement”).

B. Pursuant to the instant acquisition agreement, the Plaintiff paid KRW 20,000,000 to the Defendant on July 24, 2015, which is the date of the contract, and KRW 100,000,000 on July 31, 2015, and KRW 85,00,000 on August 5, 2015. On July 31, 2015, the Plaintiff entered into a building lease agreement with the Plaintiff for operating the instant store under the name of the Plaintiff, and started a coffee business using the trade name of the former F after completing both a business report and a business registration under the name of the Plaintiff on August 5, 2015.

C. On September 2015, the Defendant commenced D’s business of selling coffee, etc. from the coffee store of this case to approximately 367 meters away from the coffee store of this case. D’s business of selling coffee, etc. with the trade name “D”

Accordingly, the Plaintiff filed a provisional disposition against the Defendant on December 22, 2015, with the Seoul Central District Court 2015Kahap81252, and received a provisional disposition that “the Defendant shall not operate a coffee store in the Seoul Special Metropolitan City area until the judgment on the merits became final and conclusive.” Nevertheless, the Defendant continued to operate a coffee store business, and the Plaintiff filed an application for provisional disposition of prohibition of competition and indirect compulsory performance with the court 2016Kahap80740, the same court on August 11, 2016, and the same court shall not operate a coffee store business in the Seoul Special Metropolitan City area until the judgment on the merits becomes final and conclusive, and where the Defendant violated this, the Defendant shall pay the Plaintiff KRW 200,00 per day per violation day to the Plaintiff.”