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(영문) 인천지방법원 2019.01.25 2017가합199
경업금지등
Text

1. By December 31, 2025, Defendant B shall be from the Michuhol-gu Incheon Metropolitan City on July 1, 2018, to the “Sami-gu” in Incheon Metropolitan City.

Reasons

1. Basic facts

A. On September 201, Defendant B: (a) leased the instant building from F to KRW 45 million, monthly rent of KRW 1 million; and (b) operated a restaurant (hereinafter “instant restaurant”) preparing and selling the mer Newcom, as indicated in the [Attachment] List from the said building, in the name of “H” (hereinafter “instant Mere Newcom”).

After that, between Defendant B and F on October 25, 2012, Defendant B entered into a lease agreement with the instant building at KRW 50 million, monthly rent of KRW 1.2 million.

B. When Defendant B operated the instant restaurant from January 10, 2013 to February 20, 2015, Defendant B spent KRW 25,400,000 at the cost of installing facilities, such as the prime culp, sperm, vinyl house, parking lot, sidewalk block, etc., and Defendant B paid a fine of KRW 3,20,00,000,000 upon being sentenced to a fine for a violation of the Food Sanitation Act on the ground that the instant restaurant did not report its business as a general restaurant to the competent authority.

C. The lease agreement between Defendant B and F was terminated on December 31, 2015, and Defendant B received KRW 50 million as lease deposit, KRW 15 million as facilities premium including the cost of the instant restaurant’s facilities and the kind of house construction, and KRW 5 million as loans to Defendant B, including the fine paid by Defendant B for violating the Food Sanitation Act, and KRW 70 million as loans to Defendant BF.

On April 11, 2016, the Plaintiff leased the instant building at KRW 70 million as lease deposit, and KRW 1.2 million as monthly rent from F.

The Plaintiff received the trade name, telephone number, facilities, and collection of the instant restaurant used by Defendant B, and sold the same food without changing the instant mail new, which was sold by Defendant B, in the said a building.

E. Defendant C, the former wife of Defendant B’s divorce, is below the building located in Michuhol-gu Incheon, Michuhol-gu, 200 meters away from the restaurant of this case on June 7, 2016.

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