경업금지등 청구의 소
1. The defendant shall not engage in fireworks business until October 18, 2026 in the area of the Jeonju-gun.
2. The defendant.
1. Basic facts
A. On October 18, 2016, the Plaintiff acquired the physical facilities, equipment, business, etc. of the instant store from the Defendant, who operated D (hereinafter “D”) on the first floor of the ground building C in the Jeonju-gun, Jeonju-gun, 2016, in KRW 22,00,000.
(hereinafter “instant contract”). (b)
From October 19, 2016 to October 27, 2016, pursuant to the instant contract, the Plaintiff paid KRW 22,00,000 to the Defendant. On October 20, 2016, the Plaintiff entered into a lease agreement with the lessor E of the instant store, setting the lease deposit amount of KRW 5,000,000, monthly rent of KRW 500,000, and the lease term of KRW 500,000 from October 20, 2016 to October 19, 2018.
C. On October 18, 2016, the Plaintiff changed the trade name of the instant store to “F” and operates the fireworks after completing business registration.
On January 23, 2018, the Defendant opened and operated a fireworks house (hereinafter “Defendant shop”) with the trade name “I” from the store in the Jeonju-gun G and the first floor H located approximately 149 meters away from the store in this case.
E. Accordingly, on February 2018, the Plaintiff filed a provisional disposition against the Defendant with the Jeonju District Court 2018Kahap30, which sought prohibition of competition, and on July 19, 2018, the said court rendered a provisional disposition order (hereinafter “instant provisional disposition order”) stating that “the Defendant shall not engage in a fireworks business within the J of the Jeonju-gun, Jeonbuk-gun, 2026” (hereinafter “the instant provisional disposition order”), and around that time, the Plaintiff delegated the execution officer of the Jeonju District Court to execute the instant provisional disposition order.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 8, 11 through 13, Eul evidence 1 (including each number; hereinafter the same shall apply) and the purport of whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion constitutes a transfer of business under the Commercial Act, and the Defendant does not run a fireworks business until October 18, 2026 in the area of the Jeonju-gun pursuant to Article 41(1) of the Commercial Act. The Defendant is the Plaintiff.