1. The plaintiff's claim is dismissed.

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

Basic Facts

According to the purport of the entire argument

A. The fact that around 2016, the Plaintiff acquired at KRW 20,000,00 as premium 20,000 “D frequency” in Jinju-si C (hereinafter “instant restaurant”) operated by the Defendant from the Defendant;

B. Around the time of the above restaurant acceptance, the Defendant stated that the Plaintiff was holding a restaurant in Jinju-si, Jinju-si;

C. The Defendant’s annual cafeteria in the name of “F” (hereinafter “instant F cafeteria”) in Jinju-si, Jinju-si, for a long time;

D. The telephone number of the instant restaurant is G, and the telephone number of the instant F restaurant is H.

Plaintiff’s assertion

① The Plaintiff accepted the instant restaurant from the Defendant to take over the signboard, merap New, and telephone number of the instant restaurant, and the Defendant is obligated to pay to the Plaintiff KRW 500,000,000 to the Plaintiff for the said restaurant, stating that “If the Plaintiff has taken over the instant restaurant, the Plaintiff shall be punished for one month. If the instant restaurant is taken over to the Plaintiff, the Plaintiff shall open the restaurant which handles the instant restaurant to the Pyeongtaek-dong, Jin-si, which received KRW 20,000,000 for the premium from the Plaintiff, and was in excess of the said restaurant. However, even if the Plaintiff received the instant restaurant from the time of the Plaintiff’s taking over the instant restaurant, the Plaintiff did not have to close the said restaurant due to the lack of a monthly customer. The Defendant is obligated to pay the Plaintiff the above premium of KRW 30,000,000,000, and damages for delay.

② The Defendant also opened the instant F cafeteria with its trade name and telephone number, even after transferring the instant cafeteria to the Plaintiff. Since the Defendant breached its contractual obligation under Article 41(1) of the Commercial Act, it is liable to compensate the Plaintiff for the damages arising therefrom.

Judgment

① As to the assertion, the Defendant is punished by KRW 500,000,000 in one month if he/she takes over the instant restaurant. If he/she goes beyond the Plaintiff, there is no evidence to support the Plaintiff that the instant restaurant will be opened in the Pyeongtaek-si, Jin-si.