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1. The defendant,
(a) Until June 30, 2024, a business selling water bags within C Ground Buildings and Mining Coryang-si in lightyang-si.
Reasons
1. Basic facts
A. On July 2014, the Defendant: (a) operated the water table store with the trade name “F” in Mineyang-si; (b) transferred all of the stores, including the equipment, office fixtures, signboards, and vehicles, to G; and (c) transferred its employees and business partners to G (hereinafter “first transfer”); and (d) on December 11, 2015, the Plaintiff took over the said store from the said G (hereinafter “second transfer”); and (c) operated a restaurant (hereinafter “Plaintiff restaurant”).
B. From March 2016, the Defendant is operating a restaurant (hereinafter “Defendant restaurant”) that sells water in the name of “D” in lightyang city, which is located a distance of 180 meters away from the Plaintiff restaurant to the present day.
【Ground for Recognition: The entire purport of Gap evidence Nos. 1, 2, 3, 4, 6, 9, and Eul evidence Nos. 5 (including branch numbers), images, and arguments
2. Requests for the prohibition of disposition, such as discontinuation of business, prohibition of competitive business, lease or transfer of business;
A. The Plaintiff asserted that G transferred the organic integration of its business from the Defendant through the first transfer of this case, and that the Plaintiff again transferred it from G through the second transfer of this case, and that the Defendant operated the Defendant restaurant selling water at a place that is not far away from the Plaintiff restaurant and operated the Defendant restaurant to engage in competitive business prohibited by the Commercial Act, and that the Defendant sought the prohibition of disposition, such as discontinuance, lease, transfer, etc. of the business by subrogation of G, against the Defendant. 2) The Defendant did not inform G of the law to make the water back and the purchase place, and did not inform G of it to the Plaintiff. As such, the transfer of the first and second transfers of this case, other than core technology, did not constitute business transfer under the Commercial Act, and thus, the Plaintiff’s claim cannot be complied with.
B. It is stipulated in Article 41 of the Commercial Act as to whether the business is transferred under the Commercial Act.