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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
A. On October 2, 2014, Defendant B entered into a contract for the transfer of business (hereinafter “instant transfer agreement”) with the Plaintiff on a comprehensive transfer of business rights, lease deposit, facilities, and fixtures related to the instant main shop at KRW 280,000 (hereinafter “instant transfer of business”).
B. From October 2, 2014 to October 16, 2014, the Plaintiff paid KRW 280,000,000 according to the instant transfer of business to Defendant B three times, and operates the instant main points from October 27, 2014.
C. Meanwhile, from January 14, 2015, Defendant C, a partner of Defendant B, operated an entertainment drinking house under the trade name “E” on the first floor of the building located in Busan Seo-gu from January 14, 2015, and the main points and E are approximately 56 meters far.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5, 6, and 7 (including various numbers), witness I's witness I's testimony, assertion of the purport of the whole pleadings, and determination
A. The summary of the Plaintiff’s assertion 1 is that Defendant B transferred the instant main shop to the Plaintiff pursuant to the instant business transfer agreement, and despite the fact that Defendant B bears the duty of prohibition of competition pursuant to Article 41(1) of the Commercial Act, Defendant B violated the duty of prohibition of competition as it operates the “E” entertainment tavern identical to the instant main shop in the form of copon, in the name of Dong C or Dong C at a place less than 56 meters away from the instant main shop and 56 meters away from the instant main shop.
Therefore, Defendant B shall not run the main business in Busan Metropolitan City until October 1, 2024, which was ten years after the date of the conclusion of the instant contract for the transfer of business, and the Defendants shall discontinue the said E business. The Defendants are jointly and severally liable for damages incurred by the Plaintiff due to Defendant B’s breach of duty not to engage in the competitive business.