2. The costs of lawsuit shall be borne by the Plaintiff.

A. On November 2, 2017, the Plaintiff entered into a transfer/acquisition agreement (hereinafter “instant transfer/acquisition agreement”) with the Defendant who sells the instant store in the name of “D cafeteria” (hereinafter “D cafeteria”). At the time of the instant transfer/acquisition agreement, the Plaintiff and the Defendant agreed to place the current trade name of the instant store by November 30, 2017, by a special agreement at the time of the instant transfer/acquisition agreement.

B. From October 30, 2017 to November 6, 2017, the Plaintiff paid KRW 135 million to the Defendant in accordance with the instant transfer and acquisition contract, and operated the instant store by being handed over from the Defendant during November 2017.

C. On December 26, 2017, the Plaintiff and the Defendant paid KRW 15 million to the Defendant, and succeeded to the name of “Dcafeteria”, and the Defendant did not use the trade name of “Dcafeteria” in E, and agreed to compensate for the penalty of KRW 30 million as penalty (hereinafter “instant agreement”).

Around April 2018, the Defendant opened and operated a restaurant with the trade name of “G cafeteria” in Ulsan-gu, Ulsan-gu, where approximately 578 meters away from the store of this case.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. The parties' assertion

A. Plaintiff 1’s transfer/acquisition agreement of this case constitutes a transfer of business under Article 41(1) of the Commercial Act. The Defendant, the transferor of the transfer/acquisition agreement of this case, has a duty not to engage in the restaurant business that sells the same kind of business in the area north-gu, Ulsan-gu, Ulsan-gu for ten years. However, the Defendant violated the obligation not to engage in the competitive business by operating the same kind of business within six months from the date of the transfer/acquisition agreement of this case, which was not later than six months after the date of the transfer/acquisition agreement of this case, and thus violated the obligation not to engage in the competitive business. Accordingly, the Plaintiff is liable to compensate for the penalty as stipulated in the transfer/acquisition agreement of this case.