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1. The Defendant is the Plaintiff of the Refrigerants in the attached list and in the Bupyeong-gu Incheon Bupyeong-gu from May 10, 2026.
Reasons
1. Basic facts
A. On January 1, 2009, the Defendant entered into a contract with D Co., Ltd. operating franchise business with D Co., Ltd. for the recruitment, management, etc. of store operators in Incheon, Seocheon-si, and Kim Jong-si, and entered into a contract with D Co., Ltd. for the stamp store operator in Incheon (hereinafter “instant branch”) up to the present day, and separately, operated the air conditioners specialized in the air conditioners (hereinafter “C Ggrsan store”) in the name of “Cgrsan store” in the building F of the land building in Bupyeong-gu Incheon, Bupyeong-gu, Incheon (hereinafter “instant Ggrsan store”).
B. On May 10, 2016, the Plaintiff entered into a contract with the Defendant for acquisition and transfer of the right to acquire all the facilities and operating rights of the instant regratory point at KRW 100,000,000 (hereinafter “instant contract”). Around that time, the Plaintiff paid the Defendant KRW 100,000,000, and thereafter was handed over the instant regratory point to the present day.
C. Meanwhile, from May 10, 2017 to March 21, 2018, the Defendant operated the air-conditioning specialty store (hereinafter “the instant valley store”) with the trade name, namely, “C grain store” from the building indicated in the separate sheet No. 2.8km away from the instant mountain point in its name from around 10 to around 21, 2018.
On May 10, 2017, the Plaintiff filed an application with the Incheon District Court for a provisional disposition against the Defendant to the effect that the Defendant is operating the instant valley in the vicinity of the instant mountain point. On March 5, 2018, the said court rendered a provisional disposition order with the effect that “the Defendant shall not operate the air conditioners in the building indicated in the separate sheet” (hereinafter “the provisional disposition order of this case”) stating that “the Defendant shall not operate the air conditioners in the building indicated in the separate sheet (hereinafter “the above court”)” and the Plaintiff delegated the enforcement officer of the Incheon District Court on March 20, 2018 to execute the provisional disposition order of this case.
E. On March 21, 2018, the Defendant concluded a premium agreement with G to transfer all the facilities and operating rights of the instant valleys in total to KRW 35,00,000.