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1. The Defendant’s KRW 10,000,000 as well as the Plaintiff’s annual rate of 5% from September 6, 2017 to April 4, 2018, and the following.
Reasons
1. Basic facts
A. From September 2009, the Defendant operated a singing room with the trade name “C” on the second floor of the building indicated in paragraph (1) of the attached list from around 2009, and transferred the instant singing room to the Plaintiff at KRW 130 million on April 10, 2017.
(hereinafter “instant transfer contract”). B.
The Plaintiff paid each of the costs of KRW 10 million on April 10, 2017, the date of the instant transfer contract, and KRW 120 million on April 19, 2017, respectively, to the Defendant according to the instant transfer contract.
C. On May 1, 2017, the Plaintiff, after completing business registration under the name of the Plaintiff, operated the instant singing room, and closed the instant singing room business on October 20, 2017.
On June 21, 2017, the Plaintiff filed an application with the Ulsan District Court for a provisional disposition against the Defendant to the effect that the Defendant took over and operated the instant singing book, “D” in the vicinity of the instant singing book, and thus, the Plaintiff filed a claim for the prohibition of competition, etc. on May 10, 2017. The said court rendered a provisional disposition on August 30, 2017 with the effect that “the Defendant shall not directly operate the singing book or allow a third party to operate the singing book on his own in the Ulsan Metropolitan City by March 9, 2026 and in the Si/Gun/Gu adjacent thereto and the building listed in the attached Table 2, and shall not lease or transfer the business rights of the said singing book to a third party.”
(Supreme Court Decision 2017Kahap10208). The Defendant raised an objection against the provisional disposition order on September 7, 2017, but the said court approved the original decision on October 23, 2017 (Supreme Court Decision 2017Kahap300), and the said decision on November 1, 2017 became final and conclusive.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 16, 17 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. The parties' assertion
A. The plaintiff 1 acquired the instant singing room from the defendant, and used it as it without changing it after receiving all of the trade names, signboards, telephone numbers, and fixtures used by the defendant.