권리금반환 청구
1. Defendant C’s KRW 1 million to the Plaintiff and 5% per annum from April 13, 2016 to December 22, 2016.
1. The Plaintiff asserted that the Plaintiff was acquiring the Plaintiff’s right to operate real estate E for the Guro-gu Seoul apartment, officetel, and commercial building from Defendant B. Therefore, the above Defendant, despite its duty to prohibit competitive business, still kept a list of objects prepared by the Defendant C, who is an employee of the above Defendant, and continuously announced D apartment, officetels, on the Internet, or infringed the Plaintiff’s business right by making phone calls to the owner lessee.
Defendant B, as the employer of Defendant C, actively interrupted or aids and abets such infringement of business rights, thereby violating the duty of prohibition of competition pursuant to the instant contract for transfer and acquisition of business rights, and Defendant C intentionally obstructed the Plaintiff’s business. As such, the Defendants jointly bear liability for damages caused by nonperformance or tort against the Plaintiff.
2. Facts of recognition;
A. Defendant B has operated the “E Real Estate” for about ten years from approximately DB 127 of Guro-gu Seoul Metropolitan Government.
B. On October 13, 2015, the Plaintiff: (a) succeeded to the entirety of the rights to the real estate business of “all, etc. in the office room, telephone numbers in use, and goods kept in PC” of the real estate “E” from Defendant B; and (b) paid KRW 35 million in compensation therefor.
(hereinafter “instant transfer/acquisition agreement”) C.
The PC operated by Defendant B had kept the data such as the contract and the product status, long-term repair appropriations, customers, and the list of valuables.
Defendant C, a licensed real estate agent employed by Defendant B, has received benefits of one million won regardless of the number of monthly trade sex cases.
E. On November 23, 2015, the Plaintiff commenced the business of “E real estate” from around November 23, 2015, immediately after the remainder of the transfer agreement of this case.
F. Defendant C’s “E Real Estate” on November 2, 2015.