경업금지청구의 소
1. The defendant's service route of "Sepo-Ulle" operated by Pepo-Sepo-ri, Inc.
1. Basic facts
A. The Defendant is a company running passenger transportation services from around 1995 to March 1, 2014 (hereinafter referred to as “port route”) in the port to Ulledo (hereinafter referred to as “port to the port of port”), and the company running passenger transportation services on the sea route from Ulledo to Ulledo (hereinafter referred to as “port route”) from Apr. 27, 2012 to Ulledo (hereinafter referred to as “Ulledo”) as an affiliated company of the Defendant.
B. On February 14, 2014, the Plaintiff and the Defendant entered into a contract with the Defendant to transfer all of the license for regular coastal passenger transportation services and related facilities for regular coastal passenger transportation services from the Defendant to the port route in 12.4 billion won (hereinafter “instant contract”), and the same year.
3. 1. The transfer process under the above contract has been completed, and (3) the transferor’s undertaking and performance of the transferor on August 2, 200 of the contract of this case should not be in competition with the subject of the contract by himself or by the special interested person (hereinafter referred to as “the transferor’s undertaking and performance”) for five years from the date of completion of the transfer.
Such a duty of prohibition of competition includes:
1) An act of a transferor’s executive officer or employee to terminate an employment relationship with a transferee or to establish an employment relationship with a transferor as a result of the transferor’s non-commercial activity; 2) an act of operating or controlling by additionally owning or expanding a business that is likely to compete with a subject project on the date of conclusion of this contract or the date of completion of acquisition by transfer; or an act of supporting such an act by a third party: Provided, That it is possible to replace an existing old vessel with another vessel of the same class.
3 The transferor shall terminate, induce or interfere with the business relations with the supplier, the customer or any other third party having the business relations related to the subject-matter on the date of conclusion of this contract or the acquisition by transfer.