Defendant B operated “F” (hereinafter “F”) for elementary, middle, and high school students in Yangcheon-gu Seoul Metropolitan Government D apartment 102, 203-1 (hereinafter “instant commercial building”). On February 24, 2012, Defendant B decided to transfer all the facilities and rights (including the claim for refund of lease deposit) of the said private teaching institute to the Plaintiff.

(2) At the time of the contract of this case, the Plaintiff and Defendant B agreed that “The Plaintiff shall either engage in the same kind of teaching activity or not open a private teaching institute in the neighboring area after transferring the private teaching institute (hereinafter “the agreement of this case”). In the event of this agreement, the Plaintiff may claim damages equivalent to the total sale amount (hereinafter “the agreement of this case”). The contract of this case set the total sale amount as KRW 17 million (the lease deposit amount of KRW 10 million and KRW 7 million).

On March 1, 2012, the Plaintiff paid KRW 17 million to Defendant B, and operated the said private teaching institute business on March 1, 2012.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3 (including the number of each branch; hereinafter the same shall apply) and the purport of the whole argument of the plaintiff, the summary of the plaintiff's argument, Defendant B registered the business under the name of the defendant C, the wife on November 6, 2013, and operated the "E" English teaching school (hereinafter the "private teaching institute of this case") in substance while operating the above private teaching institute.

Defendant B is obligated to suspend teaching activities in the instant private teaching institute and close the private teaching institute in accordance with the agreement prohibiting the competition of this case, and shall not conduct teaching activities and open a private teaching institute in Yangcheon-gu Seoul.

In the event that Defendant B violated the above duty of omission, the indirect compulsory performance amount shall be paid to the Plaintiff at the rate of KRW 200,000 per day.

In addition, Defendant B entered into an agreement prohibiting the instant competitive business as above.