경업금지 등
1. The defendant shall not operate a dental restaurant business at the location of the shop Nos. B and 103 in Gyeyang-si.
2...
1. Basic facts
A. The Plaintiff was established on July 2, 2007 for the purpose of running franchise business, etc., and is a franchisor that runs a fran restaurant franchise business using the trade name “find's floor.”
B. On November 4, 2012, the Plaintiff entered into a franchise agreement between the Defendant and the Defendant with the content that the Defendant would become the Plaintiff’s franchisee and that the Defendant would open and operate the “ Hembridge C Point” at the former store No. 103 9 square meters (hereinafter “instant store”) during the period from November 4, 2012 to November 3, 2014. The provisions concerning the prohibition of the competition in the instant franchise agreement are as follows.
Article 6 (Matters concerning Terms and Conditions of Business Activities of Franchisees) (9) The main and subsidiary materials, operation systems, designs, etc. of the floor of Kinkin's floor prohibited from engaging in competitive business shall not allow the "B" and "B" to operate the same type of business in another place or to operate a franchise business at a third party in the continuation of the contract, developed through a large number of mistakes of implementation, such as trade secrets or trade secrets developed through research and development efforts, research and development efforts, etc.
No act which violates the Unfair Competition Prevention and Trade Secret Protection Act after termination and termination of contract shall infringe on or be likely to infringe on the business interests of us, such as infringement on trade secrets of us.
Article 15 (Matters concerning Compensation for Damages Caused by Violation of Franchise Agreement) (5) In cases of failing to comply with the obligation to prohibit competitive business under Article 6 (9), “B” shall be paid KRW 30 million to “A” as penalty.
C. After doing business registration on December 15, 2012, the Defendant: (a) operated “Din's floor C points” at the instant store; (b) on May 9, 2014, the Defendant agreed with the Plaintiff and the instant franchise store agreement was concluded (hereinafter “instant agreement”); and (c) on the part concerning the prohibition of competition among the said agreement, the part concerning the prohibition of competition.