1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On April 2016, the Plaintiff, the Defendant, and C invested KRW 25 million in early 2016 to operate the real estate brokerage business along with real estate by investing KRW 25 million in each of them as a security deposit, facility cost, etc. The Plaintiff, the Defendant, and C operated E-real estate (hereinafter “instant real estate”) in the name of KRW 20 million and KRW 1.8 million in each of the following vehicles, along with E-owned property in Incheon, Seo-gu, Incheon (hereinafter “instant real estate”).

B. On August 31, 2017, the Plaintiff, the Defendant, and C decided to terminate the partnership relationship with the instant real estate. The instant real estate had been continuously managed by the Plaintiff. On August 31, 2017, the Plaintiff paid KRW 20 million to the Defendant and C, respectively.

[Reasons for Recognition - Unstrifed Facts, Gap evidence 2, 3, 5, 6, 9, 13 (including paper numbers; hereinafter the same shall apply)

(C) each entry, C’s testimony, and the purport of the whole pleadings

2. The plaintiff's assertion

A. The Plaintiff terminated the partnership relationship with the instant real estate, and paid KRW 6,66,67, respectively, to the Defendant and C as a deposit for lease of the instant real estate, and KRW 13,33,333,33, respectively, as a premium.

Since the defendant and C received premiums from the plaintiff, they should not infringe the plaintiff's business rights in accordance with the principle of good faith.

Nevertheless, the Defendant operated a real estate brokerage business in an authorized measuring and certification establishment close to the instant real estate, and at the F real estate office located within 190 meters in a straight line from the instant real estate, thereby infringing the Plaintiff’s business right. Therefore, the Defendant shall be held liable for nonperformance of obligations or tort.

Therefore, the defendant should pay to the plaintiff the sum of the premium paid by the plaintiff to the defendant and C, KRW 26,66,67 and KRW 15,00,000.

B. The Plaintiff paid the premium to the Defendant and C as above, which constitutes a transfer of business.

However, in violation of Article 41 of the Commercial Act, the defendant is running real estate brokerage business which is the same kind of business in the vicinity of the real estate of this case.